JK 5825 
1874 
.B7 
Copy 1 



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LIBRARY OF CONGRESS 



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027 272 358 8 



I LIBRARY OF CONGRESS. 



9 |<w¥>< ll« 

t UNITED STATES OF AMERICA'. ? 










Calvert Lith. Co.Oetroit. 



3IICIIIOA^N T .OTATKj C10»IT<*I^ • 



GOVERNMENT 



OF THE 



STATE OF MICHIGAN, 

EMBRACING AX 

ABSTRACT OF THE LAWS, 

AND SHOWING THE DUTIES OP 

STATE, COUNTY AND TOWNSHIP OFFICERS; 

ALSO, A BRIEF OUTLINE OF THE 

GOVERNMENT OF THE 

TTISTITIEro STATES, 

BY CHARLES R. BROWN. 




KALAMAZOO : 

FEINTED BY ''DAILY TELEGEAPh" PRINTING COMPANY. 

1874. 



10^ 
J 1 417 



%1 



Entered according to Act of Congress, in the year 1874, by 

CHARLES R. BROWN, 

in the office of the Librarian of Congress, at Washington. 



TABLE OF CONTENTS- 



CHAPTER. PAGE. 

1. Of the Organization of Government, and the Exer- 

cise of Sovereignty , 9 

2. Of Laws and their Necessity — Rights and Duties li 

3. Of the Different Forms of Government — Constitu- 

tions, and the Purpose they Serve.. 12 

4. Of the Territory of Michigan — Admission of Illinois 

and Michigan as States of the Union — Difficulty 
between Ohio and Michigan 14 

5. Of the Survey of the Public Lands — Subdivisions of 

Townships and Sections 16 

6. Government of Michigan — Divisions of the Powers 

of Government 20 

7. Election of State, County, and Township Officers.... 21 

8. Qualifications of Electors — Naturalization of For- 

eigners...., 22 

9. Elections, How Conducted — Challenge of Persons 

Offering to Vote 24 

10. Of Elections (continued) — Canvass of Votes and Re- 

turn of Statements 25 

11. Of Elections (continued) — 26 

12. How the President and Vice President of the United 

States are elected 28 

13. Of the Legislative Department — Its Powers and 

Duties 30 

14. Of the Enactment of Laws 32 

15. Executive Department — Duties of the Governor and 

other Officers 35 



IV TABLE OF CONTENTS. 

16. Of State Officers and their Duties (continued) — Audi- 
tor General — State Treasurer — Commissioner of the 

Land Office — Superintendent of Public Instruction 
— Attorney General 37 

17. Of State Boards and Commissioners 39 

18. Of Counties and County Officers 44 

19. Of County Officers — County Treasurer — Judge of 

Probate — Prosecuting Attorney — County Clerk — 
Sheriffs 46 

20. Of County Officers (continued) — Coroners — Register 

of Deeds — County Surveyors — County Superin- 
tendent of Schools - 48 

21. Of County Officers (continued) — Circuit Court Com- 

missioners — Superintendents of County Poor — No- 
taries Public — Inspectors of Provisions and other 
Merchandise 50 

22. Of Townships and Township Officers — Supervisor, 

Township Clerk — Township Board — Township 
Treasurer — Constables 52 

23. Of Township Officers (continued) — Commissioners 

of Highways — Ooverseers of Highways — School 
Inspectors — Pound-masters 

24. Cities and Villages 54 

25. Of the Military Department — State Troops — General 55 

Officers — Organization of Regiments — Kegimental 
and Company Officers 57 

26. Of the Judicial Department — Justice's Courts — Juris- 

diction — Commencement of Suits — Incidents of a 
Trial '.. GO 

27. Of Jury Trials — How Judgments are Executed or 

Satisfied — Criminal Jurisdiction of Justices of the 
Peace '. 64 

28. Of Proceedings before Justices of the Peace, in 

Criminal Cases 66 

29. Probate Courts — Their General Duties and Powers — 

Circuit Courts and Supreme Court — Their Duties 
and Powers 68 

30. Public Instruction — District Schools — School Officers, 

their Powers — Penalty for Failure to Send Chil- 
dren to School 72 

31. The State Normal School — State University — Agri- 



TABLE OF CONTENTS. V 

cultural College — State Public School 74 

32. Of Benevolent Institutions 76 

33. Penal and Reformatory Institutions 78 

34. Assessment and Collection of Taxes 80 

35. Of Weights and Measures 83 

36. The Public Health 84 

37. Of Fences and Fence-viewers — When no Damages 

Allowed for Injuries by Trespassing Animals 86 

38. Registration of Births, Marriages, and Deaths 87 

39. Money and Interest 88 

40. Of the Support of Poor Persons 89 

41. Of the Lien of Mechanics and Others 91 

42. The Internal Police of the State — Of Disorderly Per- 

sons — Who Required to Give Security for Good 
Behavior 94 

43. Of the Observance of the Sabbath — Gaming and the 

Penalties Therefor 96 

44. Sundry Laws Regulating the Conduct of Citizens — 

The Law of the Road — Destruction of Timber 
Marks 98 

45. Lost Goods and Stray Beasts 100 

46. Running at Large of Animals — Unclaimed Proper- 

ty — Theatrical Exhibitions and Shows — Gunpow- 
der — Dogs — Sheep 102 

47. Laws for the Protection of Fish 106 

48. Of the Protection of Game and Musk-rats 109 

49. Trespass upon Cranberry Marshes — Canada Thistles, 

Destruction of 113 

50. Intoxicating Liquors — Manufacture and Sale of, 

Prohibited 114 

51. Of Crimes and Misdemeanors — Treason — Murder — 

Duels — Manslaughter — Maiming — Robbery — Ma- 
licious Threats — Marriage under Duress or by 
Force — Unlawful Imprisonment — Kidnapping 118 

52. Of Crimes and Misdemeanors (continued). — Attempts 

to Poison. — Taking or Enticing Children Away 
from Parents or Others. — Abandonment of Chil- 
dren — Careless Use of Fire-arms 121 

53. Of Offenses Against Property. — Burning Buildings 

and Other Property. — House-breaking, &c. — Lar- 
ceny. — Receiving Stolen Goods. — Embezzlement... 122 



VI TABLE OP COXTEJtfTS. 

54. Of Crimes and Misdemeanors. — False Representa- 

tions and Pretenses. — Destruction and Fitting Out 
of Vessels, with Malicious Intent. — Malicious In- 
juries. — Burglar's Tools. — Larceny in Other States 
— Injuries to Shade Trees. — Of Certain Trespasses. 124 

55. Of Crimes and Misdemeanors (continued). — Offenses 

Upon, and in Relation to Railroads and Cars ...126 

56. Of Forgery and Counterfeiting 127 

57. Of Offenses Against Public Justice. — Perjury. — Brib- 

ery. — Escapes of Prisoners. — Duties of Officers and 
Others in Arresting Offenders 130 

58. Of Certain Offenses. — Falsely Assuming to be a Pub- 

lic Officer. — Concealing or Compounding Offenses 
— Extortion by Officers. — Resistance to Officers. — 
Riots. — Molestation of Laborers 133 

59. Offenses Against Chastity, Morality, and Decency. ..134 

60. Of Offenses Against Pubiic Policy. — Lotteries. — 

Telegraphic iVi essages. — Offenses Against Election 
Laws. — Cruelty to Animals 137 

61. Domestic Relations — Marriage and Divorce 139 

62. Of the Domestic Relations (continued). — Husband 

and Wife. — Rights of Married Women 142 

63. Government of the United States — Colonial Govern- 

ments. — Government Under the Articles of Con- 
federation, — Organization of the Federal Govern- 
ment 144 

64. Government of the United States (continued). — The 

Executive Department. — The Different Secretaries, 
and their Duties 147 

65. Government of the United States (continued). — Leg- 

islative Department .148 



PREFACE 



The object of this work is to supply a want long felt and 
now fully recognized by the people. Books have been writ- 
ten on the science of government, which have gained admit- 
tance into our schools; and many of our youth have, in this 
way, gained much valuable information. They have learned 
some of the first lessons of civil government, and have been 
made acquainted with an outline of the government of the 
United States, but as yet they have not been supplied with 
that information concerning our own State government, and 
our own responsibilities and duties so important to enable us 
to act well our part as citizens. 

If the succeeding pages of this work shall serve to impart 
a knowledge of our civil jurisprudence, and of the framework 
and machinery of our State Government, if they shall furnish 
an insight into our political institutions, then surely it will 
inspire in the hearts of those who study, them a devotion to 
those institutions ; and the more we know of them, the more 
shall we admire the wisdom and appreciate the statesmanship 
of the great and good men whose business it was to lay broad 
and deep the foundations upon which we, as a State, have built 
and are building. 



TO TEACHERS AND PUPILS. 



In preparing the following work, the author has consulted 
with a number of prominent educators in the State, as to the 
best plan for presenting the matter contained therein. While 
all agree that it is desirable, in writing a text book, to employ 
such language as shall be comprehended by the youngest 
student, yet, on the whole, it is believed to be better in a 
work of this kind, to use ordinary language, and even tech- 
nical terms when such are used in the law books to which we 
have occasion to refer. These words and terms must, sooner 
or later, be comprehended; and, in the judgment of the author, 
it would be unwise to attempt to exclude them. But, for the 
benefit of the younger students, it has been thought advisable 
to print all words, the definition or meaning of which it is 
conceived may not readily occur to them, in italics. The 
definition of all such words will be given in an appendix ar- 
ranged in alphabetic order, and to which the student can 
easily refer. This refrence, it is believed, will tend to fix the 
definition in the memory. 

Some objection has been made to the introduction of 
questions; and that upon the ground that they are often so 
suggestive of the answer as to enable the pupil to respond 
correctly, though he may not have fully mastered the text. 
All this is true when the questions are leading ; but when this 
is avoided and the questions are so framed as to merely call 
attention to the subject under consideration, they serve a 
most valuable purpose. Those things which the author 
deems important, are thus suggested to the teacher, who, in 
too many instances, it is feared, would otherwise pass over 
important matter without proper consideration. 



CIVIL GOVERNMENT. 



[For the definition of words printed in italics, see appendix.] 



CHAPTER I. 



OF THE ORGANIZATION OF GOVERNMENT, AND THE EXERCISE OF 
SOVEREIGNTY. 

As the happiness of human beings depends largely upon 
the observance of certain rules or regulations in their rela- 
tions with each other, and since some are unwilling to recog- 
nize and abide by these rules, it has been found necessary to 
exercise power to enforce obedience to, and acquiescence in 
them. 

To enable the people to defend their rights and to do 
right and justice, they unite together in a body politic; and 
when the people are so united and have agreed upon certain 
rules by which they are to be governed, we speak of such, 
union, in its most enlarged sense, as a State. Bouvier defines 
a State as follows : " In its most enlarged sense, it signifies a 
self-sufficient body of persons united together in one com- 
munity for the defence of their rights and to do right and 
justice to foreigners." 

In a more limited sense, a State means the territory oc- 
cupied by the united body of people, as, the State of 
Michigan. 



10 CIVIL GOVERNMENT. 

In many countries the rulers are sovereign ; that is, they 
exercise control, authority and power as they see fit, regard- 
less of the wishes or consent of the governed. But in this 
country no single individual has the right to exercise this 
power. Here the people choose their rulers, and, by written 
constitutions, define and limit their powers and duties. 

Sovereignty, the supreme or highest power among men, 
in this country, resides in the people. This power, however^ 
the people authorize their officers to exercise, and, having in- 
stituted a government, they have agreed to submit to and abide 
by certain rules and regulations ; have conferred power upon 
their offiers to enforce obedence to such rules and regulations. 

Government is defined as, "the manner in which sov- 
ereignty is exercised in each State." 

In every State there is either some individual or body 
of men whose duty it is to see to the enforcement of the laws ; 
and we sometimes refer to them as the government. 



tions — "What is said in regard to the happiness of human beings? 
"What is a State, and for what purpose is it organized ? Give Boirvier's 
definition of a State. What is a sovereign ? With whom does sovereign, 
power reside in this country ? Who exercises the power of sovereignty in 
this country ? In what way and by what authority are the people required 
to submit to the power we call sovereignty ? What is government ? In 
what other sense do we sometimes use the word government? 



CIVIL GOVERNMENT. 11 



CHAPTER II. 



OF LAWS AND THEIR NECESSITY — RIGHTS AND DUTIES. 

The rules of action adopted for the government of the 
people, are called laws. Hence a law is that which commands 
us what to do and forbids the things we are not to do. 

If we disobey the law we are to suffer punishment. 

The necessity of these rules or laws is apparent when we 
observe the natural inclination of individuals to do wrong ; or 
to do those things from want of judgment which operate in- 
juriously. 

The good of the individual requires that he observe cer- 
tain rules. The child would often do those things that would 
endanger its person or its life if not restrained by parental 
authority, or would omit to do those things essential to its 
well being, unless compelled to do them. The pupil must ob- 
serve the rules and regulations prescribed by the teacher, or he 
cannot expect to advance. 

Laws are necessary to secure to us our rights and to pro- 
tect us in the enjoyment of them. A right is a legal title or a 
just claim to anything. We have a right to life, a right to 
our earnings, and a right to act as we please, and to go where 
we please, provided we do not interfere with the rights of 
others. 

These rights however are subject to certain restrictions or 
limitations and may be forfeited, or, when the public good re- 
quires it, may be taken from us. By violating the law we may 
forfeit our liberty and our property. If called up on to take 
up arms in behalf of the country, it is our duty to respond, and 
if needs be, to surrender our property and our lives. 



12 CIVIL GOVERNMENT. 

As children are dependent upon their parents, they owe 
them certain duties, not the least of which is obedience to 
their commands. So with the citizen dependent upon the 
State for the protection of himself and his property ; he is 
bound to observe the rules prescribed for his conduct. 



Questions — What are human laws ? What do these laws command and 
what do they forbid ? What do we incur by the violation of law ? How 
is the necessity of law apparent ? What does the good of the individual 
require ? Give some illustrations. For what are laws necessary ? What 
is a right ? Mention some of our rights. To what are these rights subj- 
ect ? How may we forfeit our liberty and property ? What duty do we 
owe the country ? State one of the grounds on which obedience is a duty. 



CHAPTER III. 



OF THE DIFFERENT FORMS OF GOVERNMENT — CONSTITUTIONS, 
AND THE PURPOSE THEY SERVE. 

Different forms of government prevail in different coun- 
tries. In those countries where the power to govern and 
make the laws, is vested in one person, we call the government 
a monarchy. Where the great body of freemen assemble to- 
gether to make the laws and to transact the business of the 
State, we call the government a democracy. 

Where the chief magistrate gets his power to rule by in- 
heritance, but has no power to make the laws, we call the gov- 
ernment a mixed government, or a limited monarchy. Such 
is the government of Great Britian. The laws are framed by 
Parliament and when approved by the monarch become oper- 
ative. 



CIVIL GOVERNMENT. 13 

Where the people enjoy common rights and privileges, 
we call the government a republic. Every State in the 
American Union is a republic. 

A pure democracy and our American Republic differs in 
this, that in the former, the citizens assemble in a body to 
make the'laws, while in the latter, the people choose represen- 
tatives to act for them. Both are governments of the people 
and derive their powers from them. 

The form of government in each of the United States is 
represented by a written constitution. These constitutions 
are called the fundamental or political law. They are adopted 
-as the agreement of the people — as the framework of the gov- 
ernment — and limit the power of the various departments. 

Any act of the Legislature or of any officer of the State 
which conflicts with any of the provisions of the constitution 
is invalid. Thus the people are protected against enactments 
and usurpation of power by their public servants. 



Questions — Are the forms of government the same in all countries? 
What is a monarchy ? What is a democracy ? What is a mixed govern- 
ment or limited monarchy ? What form of government has Great Brit- 
tain? What is a republic ? What form of government have States of the 
American Union ? Wherein consists the difference between a democracy 
and a republic ? From whence do republics and democracies derive their 
power ? By what are the forms of government represented in the several 
States of this Union? By what names are constitutions sometimes called ? 
What is the object or purpose of constitutions ? How do they protect the 
people ? 



14 CIVIL GOVERNMENT. 



CHAPTER IV. 



OF THE TERRITORY OF MICHIGAN — ADMISSION OF ILLINOIS 

AND MICHIGAN AS STATES OF THE UNION — DIFFICULTY 

BETWEEN OHIO AND MICHIGAN. 

The Territory of Michigan was organized in 1805. For 
sometime previous to that date it had belonged to and formed 
a part of the Northwestern Territory, and the present State 
of Michigan formed a single county. The seat of government 
was at Chilicottee in the present State of Ohio. 

The Territory of Michigan then embraced all the country 
on the American side of the Detroit river, east of a north and 
south line drawn through the centre of Lake Michigan. 

In 1818 Illinois was admitted into the Union, and all the 
territory lying north of that State and Indiana, was annexed 
to Michigan. 

In 1886, Wisconsin, which formed a part of Michigan 
was organized as a separate Territory. 

Just prior to the admission of Michigan as a State, a dis- 
pute arose between the people of the Territory and the peo- 
ple of Ohio as to the boundary line between that State and 
this Territory. 

In 1835 the people of Michigan assembled in convention 
and framed a constitution for a State government, and peti- 
tioned Congress for admission into the Union, claiming as a 
part of her territory, the strip of country in dispute. Con_ 
gress however decided in favor of Ohio, and gave to Michi- 
gan, in lieu of the strip claimed along its southern border? 
about twenty-five thousand square miles of country, in what 



CIVIL GOVERNMENT. 15 

is now know as the Upper Peninsula, and. in 1837 admitted it 
as a State. 



Questions — In what year was the Territory of Michigan organized? 
To what Territory had it belonged for sometime previous to that ? "Where 
was the seat of government ? What did the Territory embrace when first 
organized ? When was Illinois admitted into the Union ? "What Territory 
was annexed to Michigan in 1818 ? In what year was Wisconsin organized 
as a Territory ? To what Territory did "Wisconsin then belong ? In what 
year was Michigan admitted into the Union as a State ? What difficulty 
arose between the people of the Territory of Michigan and the people of 
Ohio in 1835, and how was it settled ? How many square miles of terri- 
tory was given to Michigan in lieu of that claimed on its southern border ? 



16 CIYIL GOVERNMENT. 



CHAPTER V. 



OE THE SURVEY OF THE PUBLIC LANDS — SUBDIVISIONS OF 
TOWNSHIPS AND SECTIONS. 

The lands embraced within the territorial limits of Mich- 
igan, had been surveyed by or under the direction of the 
Surveyor General of the United States, before the State was 
admitted into the Union. The plan adopted in making this 
survey, was to draw two imaginary lines across the territory ; 
one East and West, and the other North and South. The 
line running North and South was called the principal me- 
ridian, and the one running East and West was called the base 
line. The principal meridian commences on the South line 
of the State, between the counties of Hillsdale and Lenawee 
and extends to the Northern extremity of the State. The 
base line commences at a point in the Western boundary line 
of the State, between the Counties of Allegan and Van Buren, 
and extends East to the Eastern boundary of the State. In 
making the survey of Michigan, the territory was divided into 
townships six miles square, and these were subdivided into 
thirty-six sections, of a square mile each, the townships being 
numbered in regular order East and West of the meridian line, 
and North and South of the base line. Thus, where the 
meridian and base lines intersect and cross each other, the 
township next North of the base line, and next East of the 
meridian line would be called " township number one North, 
in range number one East," while the township next East of it 
would be, " township number two East, in range number one 
North." The following diagram will aid in explaining this : 



CIVIL GOVERNMENT. 



17 



DIAGRAM SHOWING HOW TOWNSHIPS ARE NUMBERED WITH 
REFERENCE TO THE MERIDIAN AND BASE LINES. 




S5 _ 

^2N 
I™ 

a 



Line. 



j 


1 S. 

2 E. 


1 


i 


Ph 









3 S. 
3E. 



The sections contain six hundred and forty acres each, un- 
less they are, as is sometimes the case, fractional. Sometimes 
a stream or a lake occupies a large portion of a quarter-sec- 
tion, and the part not so occupied we call " fractional.'' 
Sometimes in measuring the townships, the surveyors would, 
through the great difficulties they had to encounter in meas- 
uring the distances through the wilderness, swamps, and lakes, 
and over the hills, include a little too much territory, or per- 
haps not quite enough. In such case, when the townships 
were subdivided into sections, and the measurements were 
made with more care, the subdivisions on the North and West 
sides of the townships were made to contain whatever was 
left, more or less, so that all the other sections in the town- 
ship should contain just six hundred and forty acres, each. 
The sections are numbered, commencing at the North-east 



18 



CIVIL GOVERNMENT. 



corner of the townships, and for convenience, are subdivided 
into quarters; and we frequently see lands described as a 
quarter of a quarter. 

The following is a plan of a township, the subdivisions 
representing sections : 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


IT 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



The United States government gave to Michigan, section 
sixteen, in every township, of the public lands, for the use of 
schools, and in addition thereto, seventy-two sections for the 
support of the State University. 



CIVIL GOVERNMENT. 



19 



DIAGRAM OF A SECTION, SUBDIVIDED. 
IV. 



N. W. { Sec. 1. 
160 acres. 



Sec. 1. 
80 acres. 



N. W. I S. E. \\ 

Sec. 1. 

40 acres. 



Questions— What two lines were adopted as a basis for surveying the 
Territory of Michigan? How was the Territory divided? How many 
miles square are the townships cf Michigan ? In what way are the Town- 
ships designated ? Will you make a diagram explaining this ? How are 
the townships subdivided ? How many sections are there in a township ? 
How are they numbered and designated ? Will you make a diagram ex- 
plaining this ? How many acres are there in a full section ? How are the 
sections subdivided ? Are these subdivisions always uniform ? In what 
way are some of the subdivisions made fractional ? Will you illustrate the 
subdivisions of sections by a diagram ? What is said of a grant from the 
United States of certain lands to this State ? 



20 CIVIL GOVERNMENT. 



CHAPTER VI. 



GOVERNMENT OF MICHIGAN — DIVISIONS OF THE POWERS OF 
GOVERNMENT. 

The powers of Government are divided into three de- 
partments : the Legislative, Executive and Judicial. 

The Legislative department is that which enacts the laws 
for the government of the people, and its power is vested in a 
Senate and House of Representatives. The Senate has thirty- 
two members and the House of Representatives has one 
hundred members. 

These officers are elected by the people, from districts 
into which the State is divided, and hold their offices for two 
years. 

The Executive department of the Government is vested 
in a Governor, who is assisted by such other officers as are 
necessary to carry out and execute the laws. Indeed, it is 
the business of this department to see to it that the laws are 
carried into effect. 

The judicial department is that which administers justice 
according to the laws, and is composed of the different Courts 
of Justice. The Judges and Justices of the Peace are Judi- 
cial officers. 



Questions — Into how many departments are the powers of government 
divided ? Name them. What is the Legislative department ? How many 
members are there in each house? How are such members selected? 
How long do they hold their terms of office? In v^hom is the Executive 
department vested ? What is the special duty of this department ? What 
is the Judicial department ? Of what officers is this department com- 
posed 



•CIVIL GOVERNMENT. 21 



CHAPTER VII. 



ELECTION OF STATE, COUNTY AND TOWNSHIP OFFICERS. 

In order that the government may be administered, it is 
necessary that officers should be elected for that purpose. As 
the duties of some of these officers X3ertain to the whole State, 
we call them State officers ; those whose duties are limited to 
the county, we call county officers ; and those whose duties are 
limited to, and pertain to the government of the townships, 
■cities and villages, we call township, city or village officers, as 
the case may be. 

Once in two years, on the Tuesday succeeding the first 
Monday in November, a general election is held throughout 
the State, at which the people choose, by ballot, their Gover- 
nor, Lieutenant-Governor, Secretary of State, Superintendent 
•of Public Instruction, State Treasurer, Commissioner of the 
Land Office, Members of the State Board of Education, 
Auditor General, Attorney General, members of the Legisla- 
ture and Representatives in Congress, Sheriff, County Clerk, 
County Treasurer, Register of Deeds, Prosecuting Attorney 
and Circuit Court Commissioners ; and once in four years, in 
addition to these, a Probate Judge and JE lectors of President 
and Vice President of the United States. The State is di- 
vided into eight districts, for the election of Representatives 
in Congress. 

On the first Monday in April, of each year, in each or- 
ganized township, the people elect a Supervisor, a Justice of 
the Peace, a Township Clerk, a Commissioner of Highways, 
a Township Treasurer, a School Inspector, not exceeding 
2 



22 CIVIL GOVERNMENT. 

four Constables, and one overseer of highways for each high- 
way district. 

Judges of the Supreme and Circuit Courts and Regents 
of the State University are also elected at the April elections. 

In addition to these, elections are held in cities and vil- 
lages, of officers to discharge the duties required of them un- 
der the charter and by-laws of such city or village. 



Questions — In treating of the officers required to carry on the govern- 
ment, under what general classification do we refer to them ? At what 
time is th9 general election for the State and county officers held? Name 
the officers elected at the general election. Into how many districts is the 
State divided for the election of Representatives in Congress ? At what 
time are township officers elected ? Name the township officers. What 
other officers are elected at the spring election ? 



CHAPTER VIII. 



QUALIFICATIONS OF ELECTORS — NATURALIZATION" OE FOR- 
EIGNERS. 

Persons who have the right to make choice of public of- 
ficers, and to vote, are called electors. 

In all elections, every male citizen, every male inhabitant 
residing in the State, on the twenty-fourth day of June, 1835 ; 
every male inhabitant residing in the State, on the first day 
of January, 1850, who has declared his intention to become a 
citizen of the United States, pursuant to the laws thereof, six 
months preceeding an election, or who has resided in the State 
two years and six months, and declared his intention as afore- 
said, and every civilized male inhabitant of Indian descent, a 
native of the United States and not a member of any tribe, 



CIVIL GOVERNMENT. 23 

shall be an elector and entitled to vote; but no citizen or in- 
habitant shall be an elector or entitled to vote at any election 
unless he shall be above the age of twenty-one years, and 
have resided in this State three months, and in the township 
or ward in which he offers to vote ten days next preceeding 
such election. The right to vote is called the right of suf- 
frage. 

Persons born in other countries are called aliens', and to 
become citizens must be naturalized. To accomplish this, 
the person desiring to become a citizen must go before the 
Court or the clerk thereof, two years before he can be admit- 
ted as a citizen and declare, on oath, in writing, that he in- 
tends to become a citizen of the United States, and to re- 
nounce his allegiance to his former government ; and he must 
declare on oath that he will support the constitution of the 
United States. Then, two years thereafter, the Court, if 
satisfied as to his moral character, and that he has resided in 
the United States for five years, and in the State or Territory 
where the Court is held, for one year, may admit him as a* 
citizen. 



Questions — Who are electors? Who are electors in Michigan? 
What is an alien ? How may aliens become citizens and electors? 



24 CIVIL GOVERNMENT. 



CHAPTER IX. 



ELECTIONS — HOW CONDUCTED— CHALLENGE OF PERSONS OF- 
FERING TO VOTE. 

At tlie general election, the supervisor, the justice of 
the peace, whose term of office will first expire, and the 
township clerk of each township, and the assessor and alder- 
man of each ward in a city, or if in any city there be not an 
assessor in every ward, then the two aldermen of each ward 
shall be the inspectors of election. These officers constitute 
a Board. 

The township clerk, assisted by some other person, acts 
as clerk of the election. He provides a box with an opening 
in the lid, through which each ballot received must be in- 
serted, and keeps two lists of the names of all persons voting 
at the election. The ballot consists of a paper ticket on 
which is written or printed the names of the persons for 
whom the voter intends to vote, and the offices to which the 
persons named on the ballot are intended to be chosen. The 
person offering to vote delivers his ballot to one of the in- 
spectors, in the presence of the Board. 

The inspectors or any elector qualified to vote at the 
election, may challenge any person offering to vote ; that is, 
may object to such person voting, on the ground that he has 
not the legal qualifications entitling him to vote. When such 
a challenge is made, one of the inspectors administers an oath 
or affirmation to the person challenged, and if such person 
shall swear or affirm that he is qualified, his vote must be re- 
ceived. The form of the oath, or affirmation, must be such as 
to contain the grounds of the voter's qualification. Thus, if 



CIVIL GOVERNMENT. 25 

he is a citizen of the United States, is twenty-one years of 
age, and has resided in the State and township or ward 
during the time required by law, the form of the oath is : 

" You do solemnly swear [or affirm] that you are twenty- 
one years of age, that you are a citizen of the United States, 
that you have resided in this State three months next pro- 
ceeding this day, and in the township (or ward, as the case 
be,) ten days next preceeding this day, and that you have not 
voted at this election." 



Questions— What officers constitute the inspectors of election ? Who 
acts as clerk of the election ? What is the clerk required to provide and to 
do in relation to the election ? What is a ballot ? In what way do elec- 
tors vote ? What is meant by challenging a person who offers to vote ? 
In what way do the inspectors determine whether a person challenged is 
qualified to vote ? 



CHAPTER X. 



OF ELECTIONS, CONTINUED — CANVASS OF AZOTES AND RE- 
TURN OF STATEMENTS. 

When the polls are closed, the ballots are examined and 
a statement of the result is prepared in duplicate, and certified 
to by the inspectors. One of these statements is filed with 
the township or city clerk, and the other is delivered to one 
of the inspectors desigriated by the Board, to attend the 
county canvass, to be delivered to the county clerk. 

The inspectors from the different towns in the county, 
meet at the office of the county clerk, on Tuesday next after 
the election, and organize themselves into a Board of Can- 
vassers, and proceed to examine the statements sent from the 
inspectors. 



26 CIVIL GOVERNMENT. 

Sometimes a county has more than one Senatorial or 
Representative district. In such case each district has a 
Board of Canvassers, so far as the canvass relates to Senators 
and Representatives, consisting of the inspectors represent- 
ing the towns in such districts. 

The County Canvassers are required to make a separate 
statement, containing the whole number of votes given in 
such county for the State officers, and the names of the per. 
sons to whom such votes were given, and the number of votes 
given to each; another, of the votes given for Representative 
in Congress. Copies of these statements are sent to the Gov- 
ernor, Secretary of State, and State Treasurer ; and the result 
of the canvass for members of the Legislature is certified to, 
and delivered to the persons elected. 



Questions — When the polls are closed, how are the votes canvassed? 
"Who constitute the Board of County Canvassers? What are their duties? 
State how the votes are canvassed for Senators and Representatives where 
the district is less than a whole county. To what persons are the results 
of the canvass stnt ? 



CHAPTER XI. 



OF ELECTIONS, CONTINUED. 

In each election district, for the election of a Senator or 
Representative, where, in elections for county officers or 
members of the Legislature, two or more persons receive an 
equal number of votes for the same office, as many strips of 
papers as there are such persons; on one of the strips is writ- 
ten the word " Elected," and on the others "Not Elected," 



CIVIL GOVERNMENT. 27 

These are placed in a box and each of the aforesaid persons 
draw one of the slips therefrom, and the person "drawing the 
slip on which is the word " Elected," is deemed elected to the 
office in question. 

In each election district, of a Senator or Representative, 
in the State Legislature, the limits of which are greater 
than those of a county, there is a board of district canvassers, 
composed of the clerks of the several counties within the dis- 
trict, the Judge of Probate and the Sheriff of the county in 
which the meetings of the Board are held. The result of 
their canvass is filed with the clerk of the county where their 
meeting is held, and such clerk sends a copy thereof to the 
Secretary of State, and another copy to the person elected. 

The Secretary of State, the State Treasurer, and the 
Commissioner of the State Land Office constitute the Board 
of State Canvassers. These canvassers determine from the 
returns sent by the county clerks, who are elected State offi- 
cers and Representatives in Congress, to whom the Secretary 
of State sends certificates of election. They also determine 
who are elected Electors of President and Yice President. 

The Legislature sometimes proposes amendments to the 
constitution, or passes a banking law or some amendment ; 
all of which are submitted to the people, who at the general 
election vote thereon. The State canvassers determine the 
vote of the people, on such measures. 



Questions — Id the election of county officers and members of the Leg- 
islature, what course is pursued when two or more persons receives an 
equal number of votes for the same i ffice ? Who compose the board of 
canvassers, where the limits of the Senatorial and Representative districts 
are greater than a county ? What dispo c ition is made with the statement 
of the result of the canvass in such cases ? What cfficers constitute the 
Board of State Canvassers ? What are their duties ? 



28 CIVIL GOVERNMENT. 



CHAPTER XII. 



HOW THE PRESIDENT AND VICE PRESIDENT OF THE UNITED- 
STATES ARE ELECETED. 

The people do not vote directly for President and Vice 
President of the United States, but the voters of each State 
choose a number of men equal to the number of Senators and 
Representatives to which it is entitled in Congress. These 
are called Presidential Electors. The State of Michigan i& 
entitled to two Senators and eight Representatives in Con- 
gress. Hence we choose ten Electors. 

These Electors convene at the State Capitol, on the first 
Wednesday of December, next after the election, and vote for 
President and Vice President, and make a list of the persons 
voted for, and the number of votes for each, which is sent to 
the President of the United States Senate. 

On the second Wednesday of February, the President 
of the Senate, in the presence of all the Senators and Repre- 
sentatives, opens all the certificates, and the votes are counted* 
The persons having a majority of a 1 ! the Electorial votes for 
President and Vice President are declared elected. 

In case a person receives a plurality of the Electorial 
votes for President, but not a majority, the House of Repre- 
sentatives elects a President. 

Suppose there are three candidates for the office, and 
that of the 359 electoral votes, one candidate should receive 
150 votes, another 130 votes and the other 79. Now, a ma- 
jority of 359 cannot be less than 180; consequently neither 
would be elected. In such case the House of Representatives 
would elect a President, the members of each State voting by 



CIVIL GOVERNMENT. 29 

themselves, and the candidate receiving a majority of the 
Representatives of a State, has one vote for such majority ; 
that is, there are as many Presidential votes as there are 
States, and the person who receives the votes of a majority of 
the States is elected. 

If the Electors fail to elect a Vice President, the Senate, 
in a body, chooses one from the two having the highest num- 
ber of Electoral votes. 



Questions— How do people vote for President and Vice President of 
the United States ? To how many Presidential Electors is the State of 
Michigan entitled ? What is done with the statement of the vote of the 
electors ? "When and where is the vote of the various States counted and 
the result declared ? In case no person receives a majority of all the votes 
cast for President, how is the President elected? Wb at is the difference 
between a plurality and a majority ? In case the Electors fail to elect a 
Vice President, how is that officer elected ? 



30 CIVIL GOVERNMENT; 



CHAPTER XIII. 



OF THE LEGISLATIVE DEPARTMENT — ITS POWERS AND DUTIES. 

We have already seen how Senators and Representatives 
in the State Legislature are elected. 

The Legislative power is vested in a Senate and House of 
Representatives. 

Senators and Representatives must be citizens of the 
United States, and qualified electors in the respective Counties 
and Districts which they represent. 

The Legislature meets every two years, at the State 
Capitol at Lansing, on the first Wednesday in January. The 
room in which the Senators meet is called the Senate Chamber, 
and the room in which the Representatives meet is called the 
Representative Hall. 

Every Senator and every Representative takes an oath 
to support the Constitution of the United States, and the 
Constitution of the State of Michigan, and that he will faith- 
fully discharge the duties of his office, according to the best 
of his ability. 

A majority of each House constitutes a quorum. Each 
House determines the rules of its proceedings, and judges of 
the qualifications, elections and returns of its members. 
Each House keeps a journal of its proceedings and publishes 
the same, except such parts as may require secrecy. The 
yeas and nays, that is, the way in which members vote on any 
question, must be entered on the journal, at the request of 
one-fifth of the members elected. The House of Represent- 
atives chooses one of its members to preside over it, who is 



CIVIL GOVERNMENT. 31 

called a Speaker. The Lieutenant-Governor is the presiding 
officer in the Senate, and is called a President. 

The presiding officer preserves order, and sees that the 
business of the House is properly attended to. When a 
question is to be decided, the presiding officer " puts it to 
vote ;" that is, requests the members to express their 
judgment in favor of or against the measure. Those who 
favor the measure, say, " aye ;" those who oppose it, say " no.' 

The officers of the Senate consist of a President, Secre- 
tary, Assistant Secretary, Sergeant-at-Arms, Assistant Ser- 
geant-at-Arms, Engrossing and Enrolling Clerk, Assistant 
Engrossing and Enrolling Clerk, Janitors, Clerks of Com- 
mittees, and Messengers. 

The officers of the House of Representatives, consist of a 
Speaker, Clerk, Corresponding Clerk, Journal Clerk, Engross- 
ing and Enrolling Clerk, Assistant Engrossing and Enrolling 
Clerk, Clerks of Committees, Sergeant-at-Arms, Assistant, 
Sergeant-at-Arms, Postmaster, Fireman, Assistant Fireman, 
Keeper of the Cloak Room, and Messengers. 



Questions— In. -what bodies is the Legislative power vested ? What 
are the qualifications of members of the Legislature? At what times does 
the Legislature meet? Name the Rooms in which the two Houses meet. 
What oath do members take? What bocly fixes the rules governing the 
Legislature and determines the qualifications of its members ? What 
record is kept by the Legislature ? What officers preside over the Legis- 
lature ? What are the duties of the presiding officers ? Name the officers 
of the Senate. Name the officers of the House. 



32 OIVIL GOVERNMENT. 



CHAPTER XIV. 



OF THE ENACTMENT OF LAWS. 

When the two Houses are organized and ready for 
business, the Governor presents to them his message. This 
is a written statement of the condition of the State, and calls 
attention to such subjects as the Governor thinks need legis- 
lation. 

The presiding officers of the respective Houses appoint 
committees, to whom are referred the different subjects pre- 
sented for the consideration of the Legislature. These com- 
mittees consider and report upon the matters referred to them. 
In the Senate there are now thirty-nine of these committees, 
and in the House, forty. 

Were it not for these committees it would be almost im- 
possible to transact all the business presented to the Legis- 
lature. Some measures are presented by the Governor and 
others by the members. The people sometimes want a law 
passed, and proeure a paper to be drawn np, containing their 
wishes, which is called a petition, and send it to the Legis- 
lature. Now suppose this petition asks the Legislature to* 
pass a law in regard to Education ; the petition is referred to 
the Committee on education. If the petition relates to in- 
surance, it is referred to the Committee on Insurance, and so 
on. Sometimes members or others, draw up bills which they 
desire to have passed by the Legislature. A bill is a draft of 
a proposed law ; or it may be defined as " an instrument pre- 
sented to a legislative body for its approbation, and enact- 
ment." These bills are referred to the appropriate com- 
mittees. If the bills so referred are considered proper and 



CIV.L GOVERNMENT. 33 

necessary, the committee report in favor of them and recom- 
mend that they be passed — that is, enacted into a law. 

These committees frequently draft bills and report them 
i:o the House. If a committee reports against a measure re- 
ferred to them, the House generally concurs with their recom- 
mendation and dismisses the subject. 

If a member of either house desires the passage of a law, 
he gives notice that on some future day he will ask leave to 
introduce a bill lor that purpose. But in all cases, at least 
•one day's notice must be given of his intention to ask such 
leave. 

It is not deemed necessary to state here all the particular 
forms through which a bill must pass before it can become a 
law. It is perhaps sufficient to say that, after it has been dis- 
cussed and amended, a final vote is taken on the question : 
-" Shall the bill pass?" If a majority of the members vote 
" aye," it is passed; if not, it is lost. 

"When a bill is passed by one house, it is sent to the other, 
where it is duly considered and voted upon. If it passes that 
house, without amendment, it is sent to the Governor for his 
approval ; and if he approves it he attaches his signature and 
it becomes a law. 

If a bill is amended in the second house, it is sent back to 
the house where it originated; and when both houses finally 
agree, the bill is sent to the Governor. 

If the Governor does not approve the bill, he declines to 
sign it and returns it with his reasons for withholding his ap- 
proval, to the house where it originated. This act of the 
Governor is called his veto, which is a Latin word, meaning, 
I forbid. Notwithstanding the veto, if two-thirds of the mem- 
bers of both houses shall, thereafter, approve the bill, it be- 
comes a law. 

If any bill be not returned by the Governor within ten 



34 CIVIL GOVERNMENT. 

days, Sundays excepted, after it has been presented to him, it 
becomes a law, as if he had signed it, unless the Legislature, 
by their adjournment, prevent its return; in which case it 
does not become a law. 

The Governor may approve, sign, and file in the office of 
the Secretary of State, within five days after the adjournment 
of the Legislature, any act passed during the last five days of 
the session : and the same thereupon becomes a law. 

The Legislature elect United States Senators. Each 
State is entitled to two Senators, who hold their term of office 
for six years. 



Questions — When the two houses of the Legislature are organized, what 
duty does the Governor perform ? What is said of the appointment of 
committees ? How many committees has the Senate ? How maDy com- 
mittees has the House of Kepresentatives ? What are the duties of these 
committees ? What is a bill ? When a bill is introduced, what course is 
usually pursued with i-ef erence to it ? In case a member wishes to intro- 
duce a bill what does he do ? When a bill is passed in one house, what is 
done with it? How can a bill become a law when the G-overnor refuses to 
approve it ? State what becomes of a bill if not returned by the Governor 
within ten days from the time it is presented to him. la case of an ad- 
journment before all the bills passed have been returned by the Governor,, 
how may they become effectual as laws? What members of Congress do 
the Legislature elect ? What is the salary of members? 



CIVIL GOVERNMENT. 35 



CHAPTER XV. 



EXECUTIVE DEPARTMENT — DUTIES OF THE GOVERNOR AND 
OTHER OFFICERS. 

The Executive department is vested in the Governor, 
who, in the discharge of his duties, is assisted by a number of 
subordinate officers. 

A person to be eligible to the office of Governor or Lieu- 
tenant-Governor, must have been a citizen of the United 
States for at least five years, and a resident of this State two 
years next preceeding his election, and must be thirty years 
of age or upwards. 

The Governor and Lieutenant-Governor are elected for 
two years. 

The Governor is Commander-in-Chief of the military and 
na^al forces of the State, and may call out such forces to ex- 
ecute the laws, to suppress insurrections, and to repel invas- 
ions. He transacts all necessary business for the State with 
the officers of the government. He may convene the Legisla- 
ture on extraordinary occasions. 

He informs the Legislature of such measures as he deems 
expedient. 

He may grant reprieves, commutations, and pardons for 
all offences except treason and cases of impeachment. If a 
person has been found guilty of an offence and is sentenced 
to be punished, the Governor has power to postpone or put 
off the time when the punishment shall commence. This is 
called a reprieve. If he should set the person free and dis- 
charge him from punishment, this would be called a pardon. 



36 CIVIL GOVER^ME^T. 

By commutation is meant the change of a punishment to 
which a person has been condemned, into a less severe one. 

The Lieutenant-Governor, is, by virtue of his office, Pres- 
ident of the Senate, and in case of the impeachment of the 
Governor, his removal from office, death, inability, resigna- 
tion, or absence from the State, the duties of the office 
devolve upon the Lieutenant Governor. 

The Secretary of State is an executive officer. It is his 
duty to countersign all commissions issued by the Governor. 
The original acts of the legislature are deposited with him. 
He is to furnish laws for publication; to distribute the 
statutes; to give notice of vacancies to be filled at a general 
election ; to record statements of votes transmitted by county 
clerks, and the statement of State Canvassers ; to issue certi- 
ficates of election to United States Senators ; to record deeds 
and other evidences of title in the State ; to countersign State 
bonds and certificates, and to discharge many other duties 
prescribed by law. 



Questions — In whom is the executive department vested? What are 
the qualifications of Governor? For how long a term are Governor and 
Lieutenant Governor elected ? What is the Governor's relation to the 
military and naval forces of the State ? Enumerate other powers and duties 
of the Governor. What is a Reprieve? Pardon? Commutation? What 
are some of the duties of Lieutenant-Governor ? Mention some of the du- 
ties of Secretary of State. 



CIVIL GOVERNMENT. 37 



CHAPTER XVI. 



OF STATE OFFICERS AND THEIR DUTIES, CONTINUED — AUDITOR 
GENERAL — STATE TREASURER — COMMISSIONER OF THE 
LAND OFFICE — SUPERINTENDENT OF PUBLIC INSTRUCTION 
— ATTORNEY GENERAL. 

The Auditor General may be called an executive officer. 
Among the many duties he is required to perform, the follow- 
ing may be mentioned : He is to state accounts and liquidate 
claims against the State; to adjust claims in favor of the 
State; to keep accounts between the Treasurer and the State ; 
to report to the Legislature upon the funds of the State ; to 
estimate and charge specific tax on corporations, and to issue 
warrants for the collection thereof; to apportion the State 
tax, and to make out and transmit to the clerks of boards of 
Supervisors statements of amounts apportioned to counties. 

The State Treasurer has charge of the public moneys that 
are paid into the State Treasury. It is his duty to make a 
report to the Legislature, embracing a statement of the bal- 
ance in the Treasury to the credit of the State, with a sum- 
mary of the receipts and payments made by the Treasury. 

The Commissioner of the State Land Office has the gen- 
eral charge of all lands belonging to the State, or in which it 
has an interest ; and he is authorized to lease, sell and dis- 
pose of the same in the manner prescribed by law. 

The Superintendent of Public Instruction has the gener- 
al supervision of public instruction in the State, and of the 
State Reform School. It is his duty to transmit to the Gov- 
ernor, to be by him transmitted to the Legislature, a report 
containing, 



38 CIVIL GOVERNMENT. 

First. — A statement of the condition of the University and 
of all incorporated literary institutions and primary schools ;. 

Second. — Estimates and amounts of expenditures of the 
school moneys; 

Third. — Plans for the improvement and management of 
all educational funds, and for the better organization of the 
educational system, if, in his opinion, the same be required ; 

Fourth. — The condition of the Normal School ; 

Fifth. — The annual reports and accompanying documents, 
as far as he shall deem the same of sufficient public interest,, 
of the Board of Control of the State Reform School. 

He is required to publish the school laws, and to furnish 
necessary forms for conducting proceedings under such laws; 
to apportion the school fund, and to do many other acts 
provided for by law. 

The Attorney General is the law-officer of the State^ 
The following are some of his duties : 

He is to prosecute and defend for the State, in actions 
in the Supreme Court, and in other courts, when directed so 
to do by the Governor or the Legislature; to prosecute and 
defend suits on request of State officers ; to consult with and 
advise prosecuting attorneys ; to appear for the State before 
State Auditors. 



Questions — Mention some of the duties of Auditor General. Of the 
Commissioner of the State Land Office. Of Superintendent of Public 
Instruction. Of the Attorney General. 



CIVIL GOVERNMENT. 39 



CHAPTER XVII. 



OE STATE BOARDS AND COMMISSIONERS. 

The word Board is used to designate a body of persons 
whose duty it is to manage or control some institution, or to 
discharge certain specific duties. 

Provision has been made by law for the establishment of 
various Boards, to discharge duties in which the people of the 
whole State are more or less interested. 

It is frequently the case that for the discharge of partic- 
ular duties, a single person is employed, called a Commission- 
er. If two or more are employed, we refer to them as a 
Board, or Board of Commissioners. Some of these Commis- 
sioners are appointed by the Governor, others are elected by 
the people, while some of them are designated by name, in the 
law creating the office and prescribing the duties thereof. 

The various State Boards are, with few exceptions, com- 
posed of State officers, who, in addition to their other duties, 
are required by law to act together in managing and control- 
ing certain public interests. Some of these Boards are ap- 
pointed by the Governor. Among the various Boards provid- 
ed for by law, we may mention, the Board of Agriculture, 
which has charge of the Agricultural College and its interests ; 
the Board of Canvassers, established to examine the state- 
ments received by the Secretary of State for State officers, 
Representatives in Congress and Presidential Electors; the 
Board of Control for the Reform School tor juvenile offenders ; 
the Board of Control, to have the charge of the canals in the 
Upper Peninsula ; the Board to take charge of lands given to 
the State by Congress, for railroads ; the Board to have the 



40 CIVIL GOVERNMENT. 

charge of the State Public School at Coldwater; the Board of 
Education, to have charge of the State Normal School ; the 
Board of Equalization, to see. that the money or tax to be 
raised for State purposes is fairly and equitably lev ied through- 
out the State ; the Board of Regents, who are elected by the 
people, and who have charge of the State University; the 
Board of S'ate Auditors, whose duty it is to examine and 
adjust claims against the State; the Board of Escheats, to 
take charge of the property, for the State, of those who die 
without a will and without heirs ; the State Military Board, 
to audit claims of a military character ; the Boards having 
the control of our Asylums. 

Among the many Commissioners employed to discharge 
public duties in this State, we may mention, Commissioners 
to make settlement, on the division of counties ; to examine 
securities of insurance companies, and to see that they com- 
ply with the provisions of law ; to procure information and 
statistics relative to the scientific treatment and cure of the 
victims of intemperance ; to see that railroad companies com- 
ply with the laws, rules and regulations established for their 
management. 

For the benefit of those who desire a more particular 
statement, concerning the various State Boards and their 
duties, a note is appended to this chapter. 



Questions — What is meant by the word Board, as used in this lesson ? 
For what purpose are Boards established ? "Who generally constitute the 
State Boards? Mention some of the State Boards, and their dnties. 
Mention some of the Commissioners and their duties. 

Note A. The State Board of Agriculture consists of six members, besides the Governor 
of the State, and the President of the State Agricultural College, who are. by virtue of their 
office, members of the Board. The members of this Board are appointed by the Governor. 
They meet quarterly at the State Agricultural College at Lansing ; they have the general 
control of the Agricultural College, the farm pertaining thereto, and of the lands belonging 
to the College, and of all appropriations made therefor. The Secretary of the Board is paid a 



CIVIL GOVERNMENT. 41 

salary of one thousand dollars per annum. He is required to keen a record of the trans- 
actions of the Board ; to encourage such domestic industry and household arts as are calcu- 
lated to promote the general thrift, wealth and resources of the State ; the formation of ag- 
ricultural societies, the importation of improved breeds of horses, cattle, sheep, hogs and other 
animals, and to procure and distribute seeds, plants, trees and shrubbery. 

The Secretary of State, the State Treasurer and Commissioner of the State Land 
Office, constitute a Board of State Canvassers. It is the dury of this Board to examine the 
statements received by the So retary of State, ot the votes given in the several counties, and 
make a stiteraent of the votes given f >r the State offices, Representatives in Congress, 

Presidential Electors and the votes given for constitutional amendments, and in relation to 

banking laws. 

The Governor, Secretary of State, Auditor General, State Treasurer, Attorney General 
and Commissioner of the State Land Office, constitute a Board of Control for the reclamation 
of swamp lands by means of State roads and ditches. Tlie Legislature having made pro- 
vision for the drainage of certain swamplands belonging to the State, by the construction 
of roads with proper ditches aud diains, at the expense of the State, the Board of Control was 
organized to direct and control such work. 

Board of Control for the Reform School. — A House of Correction, known as the Re- 
form School, for the correction of offenders under sixteen years of age, is located at Lansing. 
This institution is under the control and supervision of a Board consisting ot three persons 
appointed by the Governor. 

About twenty years ago, (1854-5) a ship caaal was constructed at Sault Ste. Mary's, to 
facilitate the passage of vessels going to and returning from Lake Superior. This canal is 
under State control, and a Board, consisting of the Governor, State Treasurer and Auditor- 
General, has been created by law, to have charge of this public improvement. The Governor 
appoints a Superintendent who has the immediate charge of the canal, and who collects tolls 
from vessels passing through it. 

On the third day of June, 185G. Congress granted to this State a large quantity of lands 
for railroad purposes. A Board to manage and dispose of all lands appropriated for the con- 
struction of railroads, and to do any and all other acts necessary and proper respecting the 
construction of said railroads, which may be prescribed by law, consisting of the Governo r 
and six Commissioners appointed by him, has been provided for. 

In 1871, the Legislature provided for the estabieh-rnent of a School for dependent and 
neglected children. This school has been established at Cold water, and is under the manage- 
ment of a Board, consisting of three persons appointed by the Governor, called a Board of Con- 
trol of the State Public School. 

A State Normal School has been established at Ypsilauti, for the instruction of persons 
both male and female, in the art of teaching. Also to give instruction in the mechanical 
arts, and in the arts of husbandry and agricultural chemistry ; in the fundamental laws of 
the United States, and with regard to the rights and duties of citizens. This school is under 
the control of a Board of Education, consisting of three persons, elected by the people, in ad- 
dition to the Superintendent of Public Instruction, who is a member and Secretary of the 
Board. 

State Board of Equalization. — For the purpose of raising money to support the Govern- 
ment, a levy is made upon all the property of the State, aud a certain per cent, of its value is 



42 CIVIL GOVERNMENT. 

required to be paid. For this purpose the lands and personal property of all the people are 
appraised, and this appraisal is certified to, and sent to the Auditor General by the clerks of 
the different counties. In order that the money or tax to be raised fur the State may be 
levied upon all the pr >perty of the State fairly and equitably, a Board of Equalization ha3 
been established, consisting of the Lieutenant-Governor, Auditor General, Secretary of State, 
State Treasurer, and Commissioner of the Land Office. It is the duty of this Board to ex- 
amine the statements sent to them, from the different counties, and to determine whether tho 
relative valuation between the several counties is equal and uniform, according to location, 
soil, improvements, productions and manufactures, and whether the personal estates have 
-been uniformly estimated. If they are found to be relatively unequal, they equalize them by 
adding to or deductiug from the aggregate valuation of taxable real and personal estate in 
such county or counties, smh percentage as will produce relative oqual and uniform valua- 
tions between the several counties in the State. 

The State Treasurer, Auditor General, and Secretary of State, constitute the Board of 
Fund Commissioners. The statute creating this Board, makes it their duty, when there is 
more money in the treasury than is necessary to pay the current expenses of the State, and 
the interest on its indebtedness, to pay a portion of the principal indebtedness. A more re- 
cent statute, however, confers power upon the Treasurer to make payment upon the indebted" 
Hess of the State, whenever he shall have a surplus of money. 

The Governor, Superintendent of Public Instruction and the President of the State Board 
of Education, constitute a Board of Geological Survey. Tney have control of the geological 
survey of the State, and lor that purpose, may, from timo to time, appoint such person or per- 
sons to assist in making such survey as may be deemed necessary. 

For the management and control of the State University, eight Regents are elected by 
■the people, who have power to eDact ordinances, by-laws, and regulations for the government 
of the University ; to elect a president, to fix, increase and reduce the regular number of pro- 
fessors and tutors, and to appoint the same, and to determine the amount of their salaries, and 
to do such other business as may be necessary for the management and control of the Univer- 
sity. 

The Board of Commissioners for the general supervision of penal, pauper and reformatory 
institutions, consists of three members appointed by the Governor. It is their duty to visit 
the city and county poorhouses, county jails, Reform School, State Prison, Detroit House of 
Correction, State and County Asylums for the insane, and the deaf, dumb and blind, to ascer- 
tain the condition of such institutions, and how they are conducted and managed. They are 
to report to the Governor the result of their investigations. They are also to report 
to the Governor such changes in the penal and criminal laws and the laws con- 
cerning these institutions, as they think are proper. The Governor may appoint one or 
more females to visit the institutions above referred to, and investigate the treatment and 
provision made for women and children. 

The Secretary of State, State Treasurer, and Commissioner of the State Land Office, con- 
stitute the Board, of State Auditors. It is their duty to examine and adjust all claims against 
the State, not otherwise provided for by general law. 

The Board of State Swamp Land Road Commissioners consists of two member?, appointed 
by the Governor . These Commissioners superintend the letting of all contracts upon State 
swamp land roads, or reject contracts made by the local commissioners. They arc to inspec 



CIVIL GOVERNMENT. 43 



'■the work of contractors on the swamp roads, to examine into all trespasses on swamp lands 
of the State, and to prosecute therefor and collect damages for such trespasses. The Board of 
Commissioners are to report to the Board of Control, and in some respects are subordinate to 
them. 

Whenever any person dies without having made a ivill, and without any legal heirs, the 
property of such person is escheated to the State. Escheat means a thing fallen to. Thus, 
when there is uo relative to take the property of one who dies, his property falls to the State, 
or is escJieated to the State. The Auditor General, State Treasurer andjSecretary of State, con- 
stitute a Board of Trustees to take charge and dispose of, for the State, all such property. 

The Superintendent of Public Instruction appoints, every two years, two persons as a 
Board of Visitors whose duty it is to make personal examination into the state and condition 
of the University in all its departments and branches, at least once in each year, and to re- 
port the result to the Superintendent, suggesting such improvements as they may deem im- 
portant. 

The Board of Education appoint a similar Board, consisting of three persons, to examine 
into the affairs of the Normal School, and to report to the Superintendent. 

A ship canal has been constructed across Keweenaw Point, in the Upper Peninsula, from 
Portage Lake to Lake Superior, known as the Portage Lake and Lake Superior Ship Canal' 
and by law, the Governor, Auditor General, and State Treasurer, are constituted a Board of 
Control to establish and regulate tolls on the canal, and to make suitable rules and regula- 
tions regarding the care and improvement of the same, and to appoint a Superintendent to 
have charge of it. 

The Board of Fish Commissioners consists of two persons appointed by tho Governor. It 
i s the duty of the Board to supervise generally the fishing interests, and secure the enforce- 
ment of all laws relating to the protection of fish and fisheries in the State. They are to es- 
tablish a State fish-breeding establishment, for the artificial propagation and cultivation of 
fish ; and to appoint a Superintendent to take charge of the raising of fish at the fishery. 

The State Military Board consists of the Inspector General and two persons appointed by 
the Governor, who hold their office for two years. This board is an advisory body to the 
Commander-in-Chief. It is their duty to audit all claims of a military character against the 
State, and to make rules and regulations for the government of the State troops. 

The Board of Trustees of the Michigan Asylum for the Insane, and als > the Board of 
Trustees of the Michigau Asylum for the Deaf, Dumb and Blind, consists of three persons each 
appointed by the Governor. These institutions and the property thereof, are under the con" 
itrol of these Trustees. 



44 CIVIL GOVERNMENT 



CHAPTER XVIII. 



OF COUNTIES AND COUNTY OFFICERS. 

As it would be impossible for the State officers whose 
duties we have considered, to transact all the public business 
necessary for the people, the State has been subdivided into 
smaller portions of territory, each of which has a government, 
not inconsistent with that of the State. Of these subdivisions, 
the largest, for the purposes of government, are counties. 
The counties usually embrace about sixteen townships each. 

Most of the county officers are elected by the people, and 
consist of a Probate Judge, Sheriff, Clerk, Treasurer, Regis- 
ter of Deeds, Prosecuting Attorney, County Surveyor, two 
Coroners, Superintendent of Schools, and Circuit Court Com- 
missioners. In some of the larger counties, two Circuit Court 
Commissioners are elected. Three Superintendents of the 
Poor are elected by the Board of Supervisors. There may be 
elected in each county, inspectors of beef and pork, butter and 
lard, fish, flour and meal, leather, and pot and pearl ashes. 

A Board of Supervisors is established in each county^ 
consisting of one member from each township, and where 
there are cities within the county, such cities are entitled to 
as many Supervisors as may be prescribed by the Legislature. 

The Probate Judge and Inspectors hold their offices for 
four years; Superintendent of the poor, for three years, and 
other county officers, for two years. Supervisors, who are 
properly township officers, hold their office for one year. In 
the county of Wayne there is a Board of Auditors, consisting 
of three persons, who hold their office for three years. 

Each county has a county seat; that is, a place where the 



CIVIL GOVERNMENT. 45 

public business of the county is transacted. A court-bouse, a 
jail and fire-proof offices are necessary at the county seat. 

Supervisors are elected at the annual township meeting 
in April, in each township, and at the Spring election in cities. 
These supervisors, in addition to the duties they perform in 
their respective townships and cities, constitute a board to 
transact business in which all the people of the county are in- 
terested. They accordingly meet at the court house, at the 
county seat, on the second Monday of October, in each year, 
and at such other times as may be necessary. They have 
power to purchase land for the use of the county, or to author- 
ize the sale of lands belonging to the county; to cause to be 
built necessary buildings for the use of the county ; to borrow 
money, or raise by tax money for the use of the county in 
making improvements authorized by law; to prescribe and 
fix the compensation for all services rendered for, and adjust 
all claims against their respective counties ; to provide for the 
raising of money to defray the current expenses of the county ; 
to make such laws and regulations as they may deem neces- 
sary for the destruction of wild beasts, ot thistles and other 
noxious weeds, within the several counties; to authorize 
townships to borrow or raise by tax any sum of money not 
exceeding one thousand dollars, in any township, in any one 
year, to build or repair any roads or bridges in such town- 
ship or townships ; to divide their county into representative 
districts equal to the number of representatives to which such 
county is by law entitled ; to divide or alter in its bounds any 
township, and to erect new townships ; to equalize and correct 
the assessment for taxes ; to apportion the State and county 
taxes between the several townships, and to do many other 
things prescribed by law. 

The Board of County Auditors of Wayne County have all 



46 CIVIL GOVERNMENT. 

the powers of boards of Supervisors in the other counties, 
except in relation to taxes. 



Questions — What are the largest subdivisions of the State, for the pur- 
poses of government ? How many townships are usually embraced in a 
county ? Name the county officers. What board is established in each 
county ? For what length of time do county officers hold their terms of 
office ? In addition to the Board of Supervisors, what board is established 
in the county of Wayne? What do we call the place where the public bus- 
iness of the county is transacted ? What public buildings are required at- 
the county seat ? At what times do the Board of Supervisors meet ? Men- 
tion some of their powers and duties. What powers have the Board of 
County Auditors of Wayne County ? 



CHAPTER XIX. 



OF COUNTY OFFICERS— COUNTY TREASURER — JUDGE OF PRO- 
BATE — PROSECUTING ATTORNEY — COUNTY CLERK — 
SHERIFFS. 

It is the duty of the county Treasurer to receive all mon- 
eys belonging to the county ; and to pay the same out in the 
manner provided by law. Some of the money received by 
him belongs to the State; this he pays over to the State 
Treasurer. Some of it is paid out to the county officers for 
their salary, and some of it to the officers and jurors who at- 
tend the courts. The moneys received by him for the use of 
the county, he pays out on the orders of the Board of 
Supervisors. 

The Judge of Probate holds his court at the county seat. 
His duties will be noticed when considering the Judicial 
Department. 



CIVIL GOVERNMENT. 47 

It is the duty of the Prosecuting Attorney to prosecute 
or defend all suits in the county, in which the State or county 
is a party. It is his duty to prosecute those who commit 
crimes within his county ; to give opinions, where the State 
or county may be a party in interest, when required so to do 
by any of the civil officers in the discharge of their duties^ 
relating to the interest of the State or county. The Board of 
Supervisors fix the salary of the Prosecuting Attorney. 

The County Clerk is, by virtue of his office, clerk of the 
Circuit Court, and keeps the records of papers pertaining to 
that Court. He is also clerk of the Board of Supervisors and 
of the County and District Canvassers. In addition to many 
other duties, he is requested to keep a record of all the births, 
deaths and marriages in his county. Articles of association 
of the different corporations within his county, and certifi- 
cates of the formation of religious societies are filed in his of- 
fice and recorded by him. His salary is fixed by the Board 
of Supervisors, but in addition to this he receives fees fixed 
by law, for the discharge of most of the duties performed 
by him. 

The Sheriff has the charge and custody of the jails in his 
county ; and of the prisoners of the same. Of the many du- 
ties he has to perform, we may mention his duty to execute 
and serve w T rits and orders directed to him by the courts ; to 
attend the Circuit Court and preserve order therein ; and to 
keep the public peace. The Sheriff appoints an Under Sher- 
iff and deputies to assist him in the discharge of his duties. 
His fees are fixed bv law. 



Questions — What are the duties of the County Treasurer ? Where 
does the Judge of Probate hold his office ? What are the duties of the 
Prosecuting Attorney ? By whom is his salary fixed ? What are the du- 
ties of the County Clerk & What are the duties of Sheriff ? 



48 CIVIL GOVERNMENT. 

CHAPTER XX. 



OF COUNTY OFFICERS, CONTINUED— CORONERS — REGISTER OF 
DEEDS — COUNTY SURVEYORS — COUNTY SUPERINTENDENT' 
OF SCHOOLS. 

It is the duty of a coroner, when informed that a person 
has died suddenly, or from violence, to procure six men to act 
as jurors, and with them he is to investigate and inquire into 
the cause and circumstances of the death. This investigation 
is called a coroner's inquest. 

Coroners are required by law to discharge the duties of 
sheriff, when the sheriff is a party interested. Their fees are 
fixed by law. 

The Register of Deeds, provides, at the expense of the 
county, suitable blank books which he keeps in his office at 
the county-seat, and in which he copies or records all the 
deeds, mortgages and other papers which by law it is proper 
to record in his office, that may be presented to him. 

The object of recording these documents is that they may 
be preserved, and to give notice to all persons interested, of 
their existence. The Register of deeds is paid for recording, 
by the hundred words. 

It is the duty of County Surveyors to make and execute any 
surveys within their counties that may be required by any 
court or by any person. These surveys are made, to deter- 
mine the location and boundary lines of lands, and when com- 
pleted are entered in a record kept by the Surveyor for that 
purpose. 

It is the duty of the County Superintendent of Schools 
to examine all persons offering themselves as teachers for the 
public schools. He is required to grant certificates in such 
form as shall be prescribed by the Superintendent of Public 



CIVJL GOVERNMENT. 49 

Instruction, licensing as teachers all persons whom he shall 
deem qualified. 

The law provides that it shall be the duty of the County 
•Superintendent, 

First. To visit each of the schools in his county, at least 
■once in each year ; to examine carefully into the discipline 
and the modes of instruction, and into the progress and pro- 
ficiency ', of the pupils, and to make a record of the same ; and 
to counsel with the teachers and district boards as to the 
•course of studies to be pursued ; and for the improvement of 
the instruction and discipline of the school. 

Second. To note the condition of the school houses and 
appurtenances thereto, and suggest plans for new school 
houses to be erected, and for warming and ventilating the 
same, and the general improvement of school houses and 
grounds. 

Third. To inquire into the condition of district and 
township libraries, and to counsel, if necessary, for the better 
management of the same, and to see that the money collected 
from fines is devoted to the increase of such libraries. 

Fourth. To promote by public lectures and teachers in- 
stitutes, and by such other means as he may devise, the im- 
provement of the schools in his county, and the elevation of 
the character and qualifications of the teachers thereof. 

Fifth. To counsel with teachers and school boards to 
secure the more general and regular attendance of the chil- 
dren in his county upon the public schools. 

The salary of the Superintendent is fixed by the Board 
of Supervisors. 



Questions— What are the duties of Coroners ? Of Eegister of Deeds ? 
Of Surveyors? For what purpose are surveys made? What are the du- 
ties of County Superintendent of Schools, in relation to teachers? State 
his other duties as prescribed by law. 



50 CIVIL GOVERNMENT. 



CHAPTER XXI. 



OF COUNTY OFFICERS, CONTINUED — CIRCUIT COURT COMMIS- 
SIONERS — SUPERINTENDENTS OF COUNTY POOR — NOTA- 
RIES PUBLIC — INSPECTORS OF PROVISIONS AND OTHER 
MERCHANDISE. 

Circuit Court Commissioners are authorized to do many 
acts which, were it not for their assistance, the Judges would 
be required to do. It is frequently necessary, when the 
Courts are not in session, that orders should be made and du- 
ties performed affecting the interests of parties whose rights 
are to be determined by the Courts. These duties may be 
discharged by Circuit Court Commissioners. Testimony to 
be used before the Court in Chancery may be taken by a Cir- 
cuit Court Commissioner ; and he may perform many other 
duties prescribed by law. 

It is the duty of the Superintendents of the County Poor 
to take charge of and provide for the wants of those who are 
unable to support themselves, and have no relatives able to 
support them. They have the control of the poor-houses 
erected by the county, for the use of the poor. 

Notaries Public are appointed by the Governor, by and 
with the consent of the Senate. They are authorized to take 
the proof and acknowledgment of deeds; to administer oaths;, 
to take affidavits ; to demand acceptance of bills of exchange 
and of promissory notes, and to protest the same for non-ac- 
ceptance or non-payment. 

Inspectors of provisions and other merchandise are re- 
quired to examine and inspect the provisions and merchandise 
of those who keep and offer the same for sale, and to affix a 



CIVIL GOVER^ME^T. 51 

brand or mark to such articles, indicating their quality, so 
that purchasers may be advised as to what they purchase. 
Thus, beef is divided into three sorts, " mess," " prime " and 
"cargo;" and pork into four sorts, "mess pork," "prime 
pork," " one-hog pork" and " cargo pork." 

When provisions or merchandise have been inspected and 
branded, it is deemed an offense to sell or offer for sale, under 
such brands, articles different from what such brands 
indicate. 



Questions — What are the duties of Circuit Court Commissioners ? Of 
the Superintendents of the County Poor ? How are Notaries Public ap- 
pointed, and what are their duties ? What are the duties of Inspectors of 
provisions aDd other merchandise? Into how many grades is corned beef 
sorted ? Into how many grades is pork sorted ? 



52 CIVIL GOVERNMENT. 



CHAPTER XXIL 



OF TOWNSHIPS AND TOWNSHIP OFFICERS — SUPERVISOR, TOWN- 
SHIP CLERK — TOWNSHIP BOARD — TOWNSHIP TREASURER — 
CONSTABLES. 

Each organized township, has a government of its own, 
and its people elect officers to administer such government — 
to discharge certain duties for the good of all the people. 

The voters of a township may meet together and make 
such orders and by-laws for directing and managing the 
affairs of the township, as they shall deem most conducive to 
the peace, welfare and good order of the people. 

They may annex to such orders and by-laws suitable 
penalties, not exceeding ten dollars for any breach thereof. 

The law provides for the holding of annual meetings in 
each township, on the first Monday in April in each year, at 
which there is elected the following officers : One Super- 
visor ; one Towship Clerk ; one Treasurer, one School Inspec- 
tor; two Assessors, if the qualified electors present at the 
opening of the meeting shall so determine by vote ; one Com- 
missioner of Highways ; so many Justices of the Peace as 
there are by law to be elected in the township, and so many 
Constables as shall be ordered by the meeting, not exceeding 
four in number, and one Overseer of highways for each road 
district, and as many Pound Masters as the meeting shall 
direct. 

Justices of the Peace hold their terms of office for four 
years, Highway Commissioners for three years, and School In- 
spectors for two years. The other officers hold their offices 
for one year. 



CIVIL GOVERNMENT. 53 

The elections at township meetings are held in substan- 
tially the same manner as general elections. 

The Supervisor is required by law to prosecute for all 
penalties and forfeitures incurred within his township, and 
for which no other officer is specially directed to prosecute. 
He is the Assessor of his township. 

The Township Clerk keeps the records and papers of the 
township, when no other provision is made by law; he keeps 
the accounts of the Township with the treasurer and with each 
of the several funds belonging to the township ; the minutes 
of the proceedings of the Township Board, and performs many 
other duties. 

The Supervisor, the two Justices of the Peace whose 
term of office will soonest expire, and the Township Clerk, 
constitute the Township Board. It is the duty of this Board 
to settle all claims against the township. 

It is the duty of the Township Treasurer to receive and 
take charge of all moneys which by law are to be paid into 
the township treasury. 

Constables are ministerial officers of Justices of the Peace. 
A ministerial officer is one who acts under the authority of a 
superior, and does what his superior orders him to do. 

Constables are also required to serve all warrants, notices 
and processes lawfully directed to them by the Township Board, 
or the Township Clerk, or any other officer. 



Questions — What is said of townships ? At what time is the annual 
township meeting held ? What officers are chosen at the annual meeting ? 
For how long a time do the officers hold their offices? ilow are the elec- 
ions held ? What are some of the duties of the Supervisor ? Of the 
Township Clerk? What officers constitute the township board? What 
are the duties of the Township Treasurer ? Of Constables ? 
4 



54 CIVIL GOVERNMENT. 



CHAPTER XXIII. 



OF TOWNSHIP OFFICERS, CONTINUED — COMMISSIONERS OF HIGH- 
WAYS — OVERSEERS OF HIGHWAYS — SCHOOL INSPECTORS — 
POUND-MASTERS. 

Commissioners of Highways have a general supervision 
and control of all the highways and bridges in their respective 
townships. They are required to divide their townships into 
road districts, and to assign to each of the districts such of 
the inhabitants, liable to work on the highways, as shall re- 
side in such district, or own lands therein ; to require the 
Overseers of Highways to have all persons assessed to work on 
the highways, perform their labor thereon with such teams, 
carriages, sleds, or implements as said Commissioners, or any 
of them, shall direct. It is also their duty to lay out and es- 
tablish all necessary roads, and to discontinue such old roads 
as have become unnecessary. 

Overseers of Highways are required to repair and keep 
in order the highways within their districts ; to direct persons 
assessed to work on the highways to come and work; to 
cause the noxious weeds within the highways to be destroyed? 
and to execute the order of the Commissioners. 

It is the duty of the School Inspectors to divide the town- 
ship into school districts ; they are to receive from the treas- 
urer of the township, the money appropriated for the township 
library, and to procure books for the library. They are also 
to act in conjunction with Inspectors of adjoining townships 
in the organization of school districts, lying partly in each of 
said townships. 

When domestic animals run at large, contrary to law, they 



CIVIL GOVERNMENT. 55 

may be driven to the township pound; and the keeper of such 
pound, called a Pound-Master, shall keep them until the 
owner calls for them, and pays him his fees and the expense of 
keeping such beasts, and the fees due the person driving them 
to the pound, for his trouble, and whatever damage they may 
have done to the person who causes them to be impounded. 



Questions— What are the duties of Commissioners of Highways ? Of 
School Inspectors? Of Pound-Masters? 



CHAPTER XXIV. 



CITIES AND VILLAGES. 

A city is a town where a large number of houses and in- 
habitants are established in one place, and which has been in- 
corporated and is governed by a mayor and aldermen. 

A village is an assemblege of houses and people, less 
than a city, and not governed by a mayor and aldermen. 

There are some villages in Michigan much larger than 
some of the cities. 

Some of these villages are not incorporated; while others, 
like cities, find it necessary for the preservation of good or- 
der and for the purpose of making those public improve- 
ments essential for the convenience and comfort of the people 
to exercise powders of government not conferred upon town- 
ships, and therefore such villages become incorporated, and 
are governed by a president and trustees. 

When we say a town is incorporated, we mean the people 
of that place have been, by law, united together and author- 
ized to do and perform e certain acts which, without such 
law, they could not do. 



56 CIVIL GOVERNMENT. 

The cities, and some villages, have a greater number of 
officers than the townships. This is necessary for the protec- 
tion of the people. 

Cities are subdivided into wards or districts, and officers 
are elected in each ward to perform certain public duties. 



Questions — What is a city ? A village ? Are all the villages incor- 
porated ? For what purposes are cities and villages incorporated ? What 
is meant by an inc jrporated town ? What is said of the number of officers? 

How are cities subdivided? 



CIVIL GOVERNMENT. 57 



CHAPTER XXV. 



OF THE MILITARY DEPARTMENT — STATE TROOPS — GENERAL 
OFFICERS — ORGANIZATION OF REGIMENTS — REGIMENTAL 
AND COMPANY OFFICERS. 

Able bodied white male citizens, between the ages of 
eighteen and forty-five years are, unless exempt by law, sub- 
ject to military duty. 

Ministers of the gospel, judges of the courts, members 
and officers of the Legislature; officers and guards of the 
State Prison ; commissioned officers of the militia who have 
served six years ; State and county officers, (except notaries 
public,) teachers engaged in public institutions and schools ; 
keepers of poor-houses ; officers and attendants of the Michi- 
gan Asylum for the Insane, in time of peace ; firemen, and 
inspectors of provisions and merchandise, except in case of 
invasion and insurrection, are exempt from military duty. 

The officers acting as assessors in the several townships 
and cities, on or before the first day of June in each year, are 
required to make out and send to the county clerk a list of the 
names of the persons liable to do military duty. These lists 
constitute the enrolled militia of the State. 

The County Clerk is required to send to the Adjutant 
General of the State the number of persons in his county, 
returned to him by the assessors. 

In case of war or threatened danger to the State or United 
States, from & foreign or domestic foe, the Commander-in-Chief 
(the Governor) may call out any portion or all of the enrolled 
militia. 

The enrolled militia are not subject to active military 



58 CIVIL GOVERNMENT. 

duty, except in case of war, rebellion, invasion, the prevention 
of invasion, the suppression of riots, tumults and breaches of 
the peace, and to aid civil officers in the execution of the laws 
and in the service of process. 

The active militia are composed of volunteers between the 
ages of eighteen and forty-five years, and are known as State 
troops, and in case the services of the military are needed, the 
State troops are first called out; then, if more are needed, a 
call is made upon the enrolled militia for volunteers, or by 
draft. 

The principal military officers provided for by law are, 
the Commander-in-Chief, one Adjutant General, one Inspector 
General, one Quartermaster General, one Paymaster General 
and a State Military Board. These officers are appointed by 
the Governor. 

The Adjutant General distributes orders from the Com- 
mander-in-Chief, and attends him when ordered, in the 
discharge of his duties. 

The Inspector General has charge of the instruction and 
mustering of the State troops. 

The Quartermaster General has charge of the public mag- 
azines, store-houses, arsenals, munitions of war, military stores 
and other military property of the State. 

The law forbids the organization of more than twelve 
volunteer companies of infantry, prior to January 1st, 1874^ 
but provides that the number of companies may be increased 
at the rate of four companies in each year thereafter, until 
the number of twenty-four companies shall be reached; be- 
yond which, in time of peace, there shall be no increase. 

The law provides that each regiment shall consist of a 
Colonel, a Lieutenant-Colonel, a Major, a Surgeon, an Assistant 
Surgeon, a Chaplain, an Adjutant, a Quartermaster-Sergeant, 
and not less than eight nor more than ten companies; each 



CIVIL GOVERNMENT. 59 

of which companies of infantry shall consist of a Captain, a 
First-Lieutenant, a Second-Lieutenant, five Sergeants, eight 
Corporals and not less than thirty-two nor more than seventy 
privates. 



-Who are subject to military duty ? Who are exempt ? 
How are the militia enrolled? To what officer do the County Clerks send 
the number of persons in their respective counties, liable to military duty ? 
When may the enrolled militia be called into service? When are the en- 
rolled militia subject to active military duty? Of whom are the active 
militia composed ? In case the services of the military are required, what 
body are first called? Mention the principal State military officers? 
What are the duties of the Adjutant General? Of the Inspector General ? 
Of the Quartermaster General? How many volunteer companies of in- 
fantry may be organized ? What officers are required for a regiment ? 
How many companies in a regiment ? What officers are required for each 
company ? How many privates ? 



60 CIVIL GOVERNMENT 



CHAPTER XXVI. 



OF THE JUDICIAL DEPARTMENT — JUSTICE'S COURTS — JURISDIC- 
TION — COMMECEMENT OF SUITS — INCIDENTS OF A TRIAL. 

As people often fail to agree with regard to their relative 
rights and duties, and as they sometimes violate their agree- 
ments with each other, and even violate and disobey those 
rules and regulations prescribed for their conduct, it is neces- 
sary that tribunals should be provided to administer justice,, 
to determine and declare the rights of parties, to investigate 
and decide whether the laws are observed or violated, and to 
declare and pronounce judgement according to law and the 
just deserts of the citizen. These determinations are called 
judicial. 

By the constitution of this State, the judicial power is 
vested in one Supreme Court, in Circuit Courts, in Probate 
Courts, and in Justices of the Peace. Municipal courts with 
civil and criminal jurisdiction may be established by the 
Legislature in cities. 

Justice's Courts — Justices of the Peace are elected for 
four years. All civil actions, that is, where money is claimed, 
where the debt or damages claimed do not exceed one hun- 
dred dollars, must be brought before Justices of the Peace ; 
and where the amount claimed, in actions upon contract, ex- 
ceeds one hundred, but does not exceed three hundred dol- 
lars, the action may be brought in the Circuit Court or in a 
Justice's Court ; but a Justice of the Peace has no authority 
to try actions for a disturbance of a right of way, or for libel, 
or slander, or for malicious prosecutions, nor where the title 
to land are in question, except in certain cases provided for 
by law. 



CIVIL GOVERNMENT. 61 

Actions may be brought before any Justice of the Peace 
where, 

First. — The plaintiffs, or any of them, reside; or. 

Second. — Where the defendants, or any of them, reside; or, 

Third. — Before some justice of another township or city, 
in the same county, next adjoining the residence of the plain- 
tiff or defendant, or one of the plaintiffs or defendants ; or, 

Fourth — Before some justice of a city in the same county, 
formed from a township or townships next adjoining the resi- 
dence of the plaintiff or defendant, or one of the plaintiffs or 
defendants. 

Persons having matters in difference between them, may 
go voluntarily before a justice and submit their cause; but 
this is seldom done. Suits are usually commenced by process, 
namely, a summons, a warrant, an attachment or writ of 
replevin. 

A justice's summons is a writing signed by the Justice 
and addressed to any Constable of the county in which the 
Justice resides, commanding him to summon the defendant to 
appear before the Justice at his office, at a certain time named* 
to answer unto the plaintiff. The officer is required to exe- 
cute the summons, if the defendant be found, by reading it to 
him, and (if he require it,) delivering him a copy; but if the 
defendant be not found, the officer is required to leave a copy 
of the summons at the defendant's last place of abode, in the 
presence of some one of the family of suitable age and discre- 
tion, who shall be informed of its contents. 

An attachment, in addition to the summons, contains an 
order requiring the officer to seize the defendant's property. 
This, however, is not authorized, unless the plaintiff makes 
oath in writing, that the defendant is doing or has done some 
act mentioned in the law, to defraud his creditors, or that he 
has absconded to the injury of his creditors, or does not reside 



62 CIVIL GOVERNMENT. 

in the State, and has not resided therein for one month imme- 
diately preceding the time of applying for the attachment; or 
that he fraudulently contracted the debt, or incurred the obli- 
gation concerning which suit was brought. 

Where a person shows by affidavit that he has a claim 
against another for money collected as a public officer, or for 
damages arising from the misconduct or neglect of the de- 
fendant in any professional employment or public office, or 
that there was fraud or breach of trust; or where the defend- 
ant has comitted a trespass or other wrong, or has incurred a 
penalty or forfeiture for a violation of some law of this State, 
such person is entitled to a warrant from the Justice, which 
authorizes and requires him to arrest the defendant, and to 
bring him forthwith before the Justice, to answer unto the 
plaintiff. 

In case a person has in his possession property which he 
has no right to keep, the person who has a right to it, if the 
property does not exceed in value one hundred dollars, may 
apply to a Justice for a writ to authorize the Constable to take 
and deliver such property to the plaintiff. This writ is called 
a writ of replevin, and after it is executed, the parties have a 
trial before the Justice, to determine who has the right to the 
possession of the property. If the plaintiff fails, he must re- 
turn the property to the defendant, or pay him the value of it. 

In whatever way a suit is commenced, a trial must be had, 
to determine the rights of the parties. 

Either party may manage his own case before the Justice, 
or may have an attorney for that purpose. Before proceeding 
to the trial, the parties put in their pleadings ; that is, make a 
statement of their claims. These statements are usually in 
writing. Making these statements we call, joining issue. 
When this is accomplished, the Justice proceeds to try the 
issue. Those persons who know about the matters in differ- 



CIVIL GOVERNMENT. 63 

ence between the parties, are called as witnesses. Before they 
are permitted to testify, they are required to take a solemn 
oath or affirmation to testify truthfully. The oath is admin- 
istered, substantially as follows: 

The witness is required to raise his right hand, and the 
Justice then says : " You do solemnly swear that the testimony 
you shall give upon the trial of the issue now here joined, 
wherein John Doe is plaintiff and Richard Roe is defendant, 
shall be the truth, the whole truth, and nothing but the 
truth. So help you, Grod." 

Some people think it wrong to take an oath. In such 
case, when they are required to give testimony, they affirm. 
The affirmation is administered by the Justice, as follows : 
" You do solemnly and sincerely affirm that the testimony you 
shall give upon the trial of the issue now here joined, wherein 
John Doe is plaintiff and Richard Roe is defendant, shall be 
the truth, the whole truth, and nothing but the truth ; this 
you will do, under the pains and penalties of perjury." 

After the witnesses have made their statements, and 
answered all proper questions put to them, and the parties or 
their attorneys have argued the case to the Justice, he de- 
cides it, and records in a book kept for that purpose, called 
his docket, his judgment. 



Questions— For what purposes are judicial tribunals provided? la 
•what courts is the judicial power of the State vested ? What civil actions 
may be brought before a Justice of the Peace, and what not ? "Where may- 
actions be brought before Justices of the Peace? How are suits com- 
menced? What is a summons? How is the summons to be executed? 
What does a writ of attachment contain ? What must a plaintiff show in or- 
der to entitle him to a warrant against the defendant? What does the war- 
rant require? What is the office of a writ of replevin ? When this writ is 
executed, what is to be done in the suit ? Who may conduct the trial ? How 
do the parties join issue ? What proceedings follow the joining of issue ? 
Give the form of oath administered to witnesses? Of the affirmation? 
After the witnesses have been examined, what does the Justice do ? 



64 CIVIL GOVERNMENT. 



CHAPTER XXVII. 



OF JURY TRIALS — HOW JUDGMENTS ARE EXECUTED t SAT- 
ISFIED — CRIMINAL jurisdiction: OF JUSTICES OF THE 
PEACE. 

Whenever a suit is commenced before a Justice of the 
Peace, either party desiring it may have it tried by a jury. 

A jury in a Justice's Court consists of six men, who are 
required to sit together before the Justice and hear the proofs 
and allegations of the parties. They take an oath to dis- 
charge their duties faithfully. The Justice decides what 
testimony is proper to be submitted to the Jury. After the 
parties have introduced all their evidence, and have said, 
either in person or by attorney, what they desire to say to 
the Jury, by way of argument, the Jury, under the charge of 
a Constable, retire to another room and there talk the matter 
over and agree upon a decision ; and when they have thus 
agreed, they return into Court and inform the Justice what 
conclusion they have .arrived at. This decision is called a 
verdict, and means a, true saying. If the Jury fail to agree, 
the Justice calls another jury who proceed to try the case, 
unless the parties consent that the Justice may try it. 

When the Jurors have agreed upon their verdict, the 
Justice makes a record of their decision in his journal, and 
renders his judgment thereon. 

In procuring a jury, the Constable writes down the 
names of eighteen good men of the county, and each party 
strikes off or rejects six of the persons named on the list, and 
those whose names remain, constitute the jury, who are sum- 
moned to appear before the Justice. 



CIVIL GOVERN MEM T. 65 

The party who fails in the case, is required to pay to the 
other party bis costs. 

After a judgment has been rendered in a case, it is neces- 
sary that it should be enforced. This is done by the Consta- 
ble who acts by authority of a written order issued by the 
Justice, called an execution. Suppose a judgment is rendered 
in favor of a party for a sum of money : the Justice issues his 
execution, in which he commands the Constable to levy upon 
the property of the party against whom the judgment was 
rendered, and to sell enough to pay the debt and costs, and to 
bring the money to the Justice to be paid to the party en- 
titled thereto. 

If either party to a judgment rendered in a Justice's 
Court, feels that justice has not been done him, he may take 
an appeal to the Circuit Court. In such case the cause is 
tried in the Circuit Court as if it had been commenced there. 
A case may also be removed from a Justice's Court by certi- 
orari to the Circuit Court. This is done when a party thinks 
the proceedings, or some of them before the Justice were not 
according to law. In such case a copy of the proceedings, to- 
gether with a brief memorandum of the testimony, and the 
decisions of the Justice as to the admissibility of any pro- 
posed testimony, are sent to the Circuit Court. After in- 
specting the papers, if the Court thinks the Justice committed 
no error, his judgment is affirmed, but if the judgment was 
wrong, it is reversed. 



Of how many persons is a jury composed, in a Justice's 
Court? What are the duties of juries? What is their decision called? 
If the jury fail to agree, what course is pursued ? What is the duty of the 
Justice when the verdict is rendered ? How are jurors procured ? How 
are the judgments of the Justice enforced ? Is the judgment of the Jus- 
tice final ? To what courts may cases be removed ? In what way ? W T hat 
course is pursued in the Circuit Court, where a case has been appealed ? 
In case of removal by certiorari? 



66 CIVIL GOVERNMENT 



CHAPTER XXVIII. 



OF PROCEEDINGS BEFORE JUSTICES OF THE PEACE, IN 
CRIMINAL CASES. 

Justices of the Peace have power to hear and determine- 
certain criminal cases. Among them may be mentioned, lar- 
ceny, where the goods stolen are not worth more than twenty- 
five dollars; simple assault and battery, destroying, remov- 
ing or injuring any mile-stone or mile-board, or defacing any 
inscription or device upon, or doing injury to any guide-post 
or guide-board '; maliciously killing, maiming or disfiguring 
any horses, cattle or other beast of any other person, or injur- 
ing or destroying other personal property, where the injury 
done does not exceed twenty-five dollars; destroying or 
breaking down monuments erected for the purpose of desig- 
nating boundary lines; for wilfully defacing any building 
or sign-board ; wilful trespasses, and all other offenses 
punishable by fine not exceeding one hundred dollars, or pun- 
ishable by imprisonment in the county jail not exceeding three- 
months, or punishable by both said fine and imprisonment. 

Upon complaint made to any justice that any of the of- 
fenses that may be tried before him have been committed 
within the county, he is required to examine the person mak- 
ing the complaint under oath, and to reduce the complaint to 
writing, and have the complainant sign it. If he thinks that 
an offense has been committed, he is required to issue his war- 
rant for the arrest of the person accused. On being brought 
before the Justice, the charge is read to him, and if he admits 
his guilt, the Justice at once renders judgment against him,, 
which judgment fixes the penalty the prisoner is to pay or the 



CIVIL GOVERNMENT. 67 

imprisonment he must suffer. If he does not admit his guilt, 
the Justice proceeds to try him, unless he demands a trial by 
jury, in which ease a jury of six men are summoned, as in 
civil cases, before whom the cause is tried. 

The Jury determine and decide whether the accused is 
guilty or not. If they find him guilty, they so declare, and 
the Justice proceeds to pronounce sentence — that is, to de- 
clare what punishment the person convicted shall suffer. 

In some cases the law fixes the precise penalty to be in- 
flicted; but in most cases certain limits are fixed, within 
which the Justice may exercise his discretion. When the law 
provides that the punishment shall be by imprisonment, not 
exceeding ninety days, the Justice may fix the punishment at 
any length of time not exceeding ninety days. 

Justices of the Peace have no authority to try criminal 
cases where the offense is punishable by a fine exceeding one 
hundred dollars, or is punishable by imprisonment for more 
than ninety days. Nevertheless, a Justice has power to 
cause persons accused of offenses that he cannot try, to be ar- 
rested and brought before him; and if, upon examining into 
the case, he has good cause to suspect that such an offense 
has been committed, and that the person accused thereof is 
guilty, he may require him to enter into bonds for his appear- 
ance at the next term ot the Circuit Court (or if in the city of 
Detroit, at the next term of the Recorder's Court), and in case 
he fail or refuse to give such bonds, the Justice is required to 
make out a written order, called a warrant of commitment, 
which authorizes the Sheriff of the county to receive and 
keep the accused in the county jail to await his trial. 

Questions. — Mention some of the offences for which a Justice of the 
Peace may try a person accused. "What is the limit of a -Justice's juris- 
diction with reference to the extent of punishment ? When complaint is 
made to a Justice that an offence has been committed, for which he may 



68 CIVIL GOVERNMENT. 

try the accused, what is he required to do ? May the accused be tried by 
Jury ? If the Jury find the prisoner guilty, what is the Justice required 
to do ? Does the law generally fix the penalty, so as to leave no discretion 
on the part of the Justice ? What discretion is geuerally given to Jus- 
tices, in regard to punishment ? In relation to those criminal cases which 
a Justice canaot try, what is his duty? 



CHAPTER XXIX. 



PROBATE COURTS — THEIR GENERAL DUTIES AND POWERS — 
CIRCUIT COURTS AND SUPREME COURT — THP]IR DUTIES 
AND POWERS. 

The duties of Probate Courts, pertain, chiefly, to the 
settlement of the estates of deceased persons, though some 
other powers are conferred on this Court bylaw. 

Persons often have reduced to writing what disposition 
they wish made of their property, and what they desire to be 
done after their death. This writing the person signs his 
name to, and at his request, two other persons sign their 
names to the instrument as witnesses. This instrument is 
called a will. A will, therefore, is " the legal declaration of a 
man's intentions of what he wills to be performed after his 
death." A will is sometimes called a testament. 

When a will is filed in the office of the Probate Judge, 
and he is informed of the death of the person who made it, 
he appoints a time for proving it, and if, at the time appointed, 
it appears to the Court that the testator was of sound mind, 
and that the will was executed according to law, he so de- 
cides, and thereupon makes out and delivers to the person 
designated in the will for that purpose, or to some other suit- 
able person, letters testamentary, or letters of administration. 



CIVIL GOVERNMENT. 69 

The person receiving such letters proceeds to take charge of 
the estate of the deceased, and after paying off debts, if he 
have any, and expenses of administration, disposes of the 
residue as provided for in the will. 

If a person die without having made a legal will, it is the 
duty of the Probate Court, when applied to for that purpose, 
to appoint some suitable person to take charge of, and settle 
up the business and estate of the deceased. The person so 
appointed is called an Administrator. Probate Courts have 
power to appoint guardians for minors, to adjudicate and 
determine who are the heirs of deceased persons, in certain 
cases; to entertain proceedings for the condemnation of 
lands for railroads, and to do and perform many other acts 
prescribed by law. 

Circuit Courts. — The State is divided into twenty judicial 
circuits, and a Circuit Judge is elected in each circuit, who 
holds his term of office for six years. 

Circuit Courts are held in each organized county at least 
twice in each year, and four times in each year in those coun- 
ties having ten thousand inhabitants. 

All civil actions and remedies of whatever name or de- 
scription, and all prosecutions for crimes, misdemeanors, offen- 
ses and penalties, except in cases where by law some other 
court or tribunal has jurisdiction, are to be commenced, heard 
and determined in the Circuit Courts. 

Cases tried in Justices' Courts and proceedings had in 
Probate Courts may be appealed to the Circuit Courts. The 
Circuit Court has general supervisory jurisdiction over all 
inferior tribunals. 

Causes tried in the Circuit Court may, if either party de- 
sires it, be tried by a jury of twelve men. All criminal causes 
in the Circuit Court must be tried by a jury. 

The Circuit Courts have equity or chancery powers, and 



70 CIVIL GOVERiSUE.sT. 

when acting as a court in what we call equity cases, we refer 
to it as the Circuit Court in Chancery. The courts of law are 
limited in their proceedings to certain actions, and according 
to certain rules. In most cases these actions and rules will 
-enable the courts to do justice by the parties. But as in some 
cases justice cannot be done to the parties in any of the forms 
of action known to the courts of law, the case must be submit- 
ted to a court not bound by such strict rules. 

The courts of law render a general judgment, that a party 
recover a certain sum of money, or the possession of certain 
property. The law then directs how that judgment shall be 
enforced. 

The decision or determination of a Court of Chancery is 
called a decree. This decree, unlike a simple judgment, often 
contains qualifications, conditions and arrangements to be 
carried out in the future — such conditions and arrangements 
as, under the circumstances of the particular case, are just 
and equitable. 

Supreme Court — This court consists of four Justices, who 
hold their offices for eight years. The people elect one of 
these Justices every two years, at the Spring election. 

The one whose term of office first expires, acts as Chief 
Justice. 

The following will show the names of the present (1874) 
Justices of the Supreme Court, and the times at which their 
terms of office will expire : 

Be^jamln F. Graves, December 31, 1875. 
Thomas M. Cooley, " " 1877. 

James V. Campbell, " " 1879. 

Isaac P. Christia^cy, * " 1881. 

The Supreme Court has a general superintending control 
over all the other courts of the State, to prevent and correct 



CIVIL GOVERNMENT. 71 

errors and abuses therein. Where, for instance, a Circuit 
Court has determined a matter pending before it, and a party 
in interest conceives that in the investigation or determina- 
tion, the Court has erred in applying the rules of law, the 
case may be removed to the Supreme Court for review and 
correction. 

In cases tried before the Circuit Court in Chancery, an 
appeal may be taken to the Supreme Court. In case persons 
are wrongfully restrained of their liberty, the Supreme Court 
has power to discharge them. If inferior courts refuse to dis- 
charge duties required of them by law, the Supreme Court has 
power to compel them to proceed; or, it may prevent them 
from proceeding in a matter without legal authority. 

Where it is claimed that inferior courts or tribunals have 
proceeded in a matter different from the course prescribed by 
law, the Supreme Court may compel such court or tribunal to 
certify and send up its proceedings, and thereupon that Court 
may correct the error, if any has been committed. 

The Supreme Court holds four terms each year, at the 
Capitol. 



Questions — To what do the duties of the Probate Court chiefly pertain ? 
What is a will? What is the duty of the Probate Judge in relation to the 
proving of wills ? If a person die without a will, what is the duty of the 
Probate Court in relation to the property of the deceased ? What are some 
of the other powers of Probate Courts? Into how many judicial circuits 
is the State divided ? What is the term for which Circuit Judges are elect- 
ed ? Ho^ often are the Circuit Courts held in each organized county ? 
What is the jurisdiction of Circuit Courts? What are the number of ju- 
rors required to try a cause in the Circuit Court? May criminal causes in 
the Circuit Court, be tried without a jury ? 

When is the Circuit Court said to be sitting as a Court of Chancery? 
What is the necessity or occasion for Courts of Chancery ? What do we 
call the decision of a Court of Chancery ? Wherein does it differ from a 



72 CIVIL GOVERNMENT. 

judgment in a Court of Law? Of how many justices is the Supreme 
Court composed ? Which Justice acts as Chief Justice ? Name the Jus- 
tices and times when theip terms of office will expire. What is the general 
jurisdiction of the Supreme Court ? Where are the sessions of the Supreme 
Court held ? How many terms of the Supreme Court are held each year ? 



CHAPTER XXX. 



PUBLIC INSTRUCTION — DISTRICT SCHOOLS — SCHOOL OFFICERS, 
THEIR POWERS — PENALTY FOR FAILURE TO SEND CHIL- 
DREN TO SCHOOL. 

The various townships of the State are divided into 
school districts, by the School Inspectors. The district offi- 
cers are a Moderator, a Director, and an Assessor. 

The voters of the district are required to meet together 
on the first Monday of September in each year, to elect a dis- 
trict officer and to vote upon such other matters as may be 
legally brought before them. Other meetings may be called 
for certain purposes. 

The school officers hold their terms of office for three 
years ; the Moderator being elected one year, the Director the 
next year, and the Assessor the next, and so on. 

The persons qualified to vote at a school meeting are, all 
electors at a township meeting, and every person, three 
months a resident in the district, and twenty-one years of age, 
liable to pay a district tax, whether male or female. The 
voters at a regular school meeting may designate a site for a 
school house, or may change such site by a similar vote. The 
voters also have power to direct the purchasing or leasing of 
such site ; also the building, hiring, or purchasing of a school 



CIVIL GOVERNMENT. 73 

house ; but unless the number of children in the district, be- 
tween the ages of five and twenty years shall exceed fifty, no 
more than one thousand dollars shall be raised for such pur- 
poses in any one year. 

The Moderator, Director and Assessor constitute the Dis- 
trict Board. It is their duty to hire teachers ; to buy school 
books for poor children ; to determine what books shall be 
used in the schools; to report to the Supervisor the amount of 
money to be raised by tax for the support of the school, and 
may establish all needful regulations for its management. 

School districts containing more than one hundred chil- 
dren, between the ages of five and twenty years, may elect a 
District Board to consist of six trustees. Such trustees have 
power to classify and grade the scholars in their district, and 
cause them to be taught in such schools or departments as they 
may deem expedient; to establish a High School, when ordered 
by a vote of the district, and to perform such other duties as 
are usually performed by the District Board already men- 
tioned. 

It is made, by law, the duty of parents and others having 
the charge of any child or children, between the ages of eight 
and fourteen years, to send such child or children, if able to 
attend, to a public school for a period of at least twelve weeks 
in each year; and a failure to do so subjects them to a fine of 
not less than five nor more than ten dollars for the first of- 
fense, nor less than ten nor more than twenty dollars for the 
second, and every subsequent offense. 



-Into what districts do School Inspectors divide townships ? 
At what time is the annual district meeting held ? For what purpose is 
it held? Name the school officers and their terms of office. What are the 
qualifications of voters at a school meeting ? Mention some of the powers 
of voters at a school meeting. Who constitute the District Board ? Men- 
tion some of their duties. What is said of otLer districts ? What does 



74 CIVIL GOVERNMENT. 

the law require of parents and others in relation to sending children under 
their charge to school ? What is the penalty for a failure to comply with 
the provisions of this law ? 



CHAPTER XXXI. 



THE STATE NORMAL SCHOOL — STATE UNIVERSITY — AGRICUL- 
TURAL COLLEGE — STATE PUPLIC SCHOOL. 

State Normal School. — This was established and designed 
to prepare persons for teaching. 

After a person has attended the Normal School for 
twenty-two weeks, such person, if qualified, is entitled to a 
certificate to that effect from the Principal, to be approved 
by the Superintendent of Public Instruction. 

By an Act of the Legislature of 1871, it is provided that 
the State Board of Education may grant diplomas to such 
students as shall have completed the full course of instruction 
in the Normal School, and shall have been recommended by 
the Board of Instruction. 

The person receiving such diploma is entitled to a certifi- 
cate from the Board of Instruction, which shall serve as a 
legal certificate of qualification to teach in the primary schools 
of any township in this State. 

The Normal School is supported, chiefly, from the inter- 
est arising from moneys realized from the sale of twenty-five 
sections of land apjyropriated for its support in 1849. 

University of Michigan. — In 1826, Congress appropriated 
two entire townships of land for the establishment of a Uni- 
versity in Michigan. Soon after the State was organized, the 
University was established. 



CIVIL GOVERNMENT. 75 

The law provides that the University shall consist of at 
least three departments : 

1. A department of literature, science and the arts; 

2. A department of law ; 

3. A department of medicine ; 

4. Such other departments may be added as the Re- 
gents shall deem necessary, and the state of the University 
fund shall allow. 

The number of professors employed in the University is 
from thirty-five to forty. The students in attendance each 
year, range from twelve hundred to fourteen hundred. 

The State Agricultural College. — This institution is also 
under the control of the State, and is, in part, supported by 
funds realized from the sale of lands granted for that purpose. 
It was established to afford thorough instruction in agricul- 
ture and the natural sciences connected therewith. 

Persons to be admitted into this school, must be over fif- 
teen years of age and pass a satisfactory examination in arith- 
matic, geography, grammar, reading, spelling and penman- 
ship. 

There is a farm connected with the institution on which 
students are required to labor three hours in each day. 



Questions — For what purpose was the State Normal School established? 
What is said of the granting of diplomas ? To what is the peison receiving 
this diploma entitled ? How is the Normal School supported ? What ap- 
propriations did Congress make for the establishment of a University in 
Michigan? Of what departments does the law require the University to 
consist ? How many professors are employed in the University ? How 
rnany students usually attend, each year? For what purpose was the State 
Agricultural College established ? What is required of applicants for ad- 
mission ? W T hat is required in regard to labor? 



76 CIVIL GOVERNMENT 



CHAPTER XXXII. 



OF BENEVOLENT INSTITUTIONS. 

The State Public School for dependent and neglected chil- 
dren is located at Coldwater, and is supported by the State. 

The object in establishing this institution was to furnish 
temporary homes for dependent and neglected children ; es- 
pecially those who have been abandoned by their parents or 
are orphans, or whose parents have been convicted of crime. 
The children in this school are educated in the branches usually 
taught in common schools. 

It is made the duty of the Board of Control to use all dil- 
igence to provide suitable places, in good families, for the 
children who are inmates of the school. 

The Michigan Institution for Educating Deaf and Dumb 
and Blind persons is located at Flint, and is under the control 
of a Board ot Trustees. 

Tuition and board is free to all candidates from this State ; 
and where such persons, on account of poverty, are unable to 
furnish themselves with suitable clothing and other necessary 
expenses for attending the school, the Board of Trustees are 
authorized to render them assistance not exceeding forty dol- 
lars per annum, for each person, to be paid out of the State 
treasury. This institution is supported by the State. 

The Michigan Asylum for the Insane, located at Kala- 
mazoo, is also a State institution, under the control of a Board 
of Trustees, who appoint a medical superintendent and other 
officers. 

County Superintendents of the poor, or any Supervisor 



CIVIL GOVERNMENT. 77 

of any city or town to which a person who is insane is charge- 
able, may send such person to the Asylum, and the expense of 
sending and keeping him there is paid by the town or county 
to which he is chargeable. 

When a person who is indigent, but not a pauper, be- 
comes insane, the Probate Judge may send him to the Asy- 
lum. In such case the county pays the expenses of his 
support. 

If a person who is an inmate of the Asylum, has means 
to enable him to do so, he is personally liable for his support 
in the Asylum. 

In 1873, the Legislature provided for the establishment 
of an additional asylum for the insane, and Pontiac has been 
selected as the place for its location. 

In most of the older counties, poor-houses have been 
erected, where persons, unable to support themselves are kept 
and provided for at the expense of the county. In other 
•counties they are supported at the expense of the townships. 



Questions — Where is the State Public School located ? For what pur- 
pose was this institution established ? In what branches are the children 
in this school required to be educated ? What is reqnired of the Board of 
Control, with respect to the care of the inmates ? Where is The Michigan 
Institution for Educating Deaf, and Dumb and Blind persons located ? On 
what terms are persons admitted who reside in this State ? What pecuni- 
ary aid may be rendered poor persons who attend this institution ? Where 
is the Michigan Asylum for the Insane located ? What officers are author- 
ized to send to the Asylum insane persons who are paupers ? What officer 
may send insane persons who are indigent but not paupers? How are the 
inmates of the Asylum supported ? What provision has been made for an 
additional asylum ? What provision has been made for poor persons ? 



78 CIVIL GOVERNMENT. 



CHAPTER XXXIII. 



PENAL AND REFORMATORY INSTITUTIONS. 

Penal and reformatory institutions have been found nec- 
essary for the punishment and reformation of those who com- 
mit crime. They are also necessary to restrain offenders and 
thereby deprive them of the opportunity or power to violate 
the law. 

A State Prison has been established at Jackson where 
persons convicted of the higher grade of offences ; that is, 
those crimes that are considered most atrocious and wicked, 
are sent by the Courts, for punishment. The prisoners are 
required to labor and are taught some of the mechanical 
trades. 

The prison is under the direction of three Inspectors, ap- 
pointed by the Governor. The officers of the prison consist 
of an agent, who is principal keeper of the prison, a clerk, a 
physician and surgeon, a chaplain, a deputy keeper, and a 
number of assistant keepers. 

The Reform School at Lansing is designed for the refor- 
mation of boys, who, between the ages of ten and sixteen 
years are convicted of crime. 

Persons sent to this institution are sentenced to remain 
there until they are twenty-one years of age ; but the Board 
of Control have power to discharge them at any time when 
satisfied of their reformation, or, when their presence in the 
school is prejudicial to the discipline thereof, may send them 
back to the Court for punishment in some other institution. 

The design of the Reform School is not so much for pun- 



CIVIL GOVERNMENT. .79 

ishment as reformation ; and the persons sent there are disci- 
plined, instructed, employed and governed, in such a way as 
shall tend to make them good citizens. 

The Detroit House of Correction was built by the city of 
Detroit ; but by a law of the State, the Board of Supervisors 
of any county may make an agreement with the Common 
Council or agent of the city of Detroit, for the confinement of 
persons convicted of crimes which would otherwise subject 
them to imprisonment in the County Jail, in the House of 
Correction. In such case the county where the person is 
convicted pays the city of Detroit for keeping the prisoner. 

All females convicted of offences, except murder, which 
would, under the general provisions of law, subject them to 
imprisonment in the State Prison, are sent to the Detroit 
House of Correction. 

In 1871, the Legislature authorized the establishment by 
the county of Jackson, of a House of Correction, similar to 
the one established at Detroit. 

In each of the organized counties in this State, the law 
provides for the erection of jails for the detention of persons 
accused of crime until they can be tried, and for the punish- 
ment of such as are convicted of minor offences. 

Prisons are also established in cities and villages, for the 
confinement of those who violate the bv-laws and ordinances. 



Where is the State Prison located ? What class of offenders are con- 
fined there ? What officers control the prison ? Where is the Keforna 
School located ? What persons are sent to this school ? What authority 
has the Board of Control in relation to the custody of the inmates? What 
is the design of the Eeform School ? What is said of the Detroit House of 
Correction ? In what institution are female offenders incarcerated ? 
What is said of jails? Of prisons, in cities and villages ? 



80 CIVIL GOVERNMEXT. 



CHAPTER XXXIY. 



ASSESSMENTS AND COLLECTION OF TAXES. 

A tax is a contribution which individuals are required to 
make for the use or service of the State. 

Since it is the duty of the Government to protect and de- 
fend the people in the enjoyment of their property, it is but 
just that those who have the most property should pay the 
largest tax. 

As a basis for taxation, the value of all the real and per- 
sonal property in the State, except such as the law exempts ; 
is estimated, and a certain percentage of its value is required 
to be paid as a tax, by the owner, or persons in the posses- 
sion of such property. 

The following property is exempt from taxation : Two 
hundred and fifty dollars worth of household furniture ; fifty 
dollars worth of spinning and weaving looms and apparatus ; 
all arms required to be kept by law, and the clothing of every 
person or family; one hundred and fifty dollars worth of 
library books, school books, and all family pictures ; to every 
householder, fifteen sheep, with their fleeces, and the yarn and 
cloth manufactured therefrom; two cows, five swine, and food 
and fuel sufficient for the family for six months ; a hundred 
dollars worth of musical instruments; property of the United 
States and of this State ; all public or corporate property of 
counties, villages, townships, and school districts; the per- 
sonal property of all library, benevolent, charitable, and 
scientific associations, incorporated within this State, and 
such lands belonging to or leased by such institutions and oc- 
cupied by them ; churches, and church property, and places of 



CIVIL GOVERNMENT. 81 

burial ; and the personal and real estate of persons who, by 
reason of infirmity, age or poverty may, in the opinion of the 
supervisor, be unable to contribute towards the public charges. 
It is the duty of the Supervisor, who acts as Assessor, on 
or before the first Monday in May, of each year, to call upon 
each person in his township, liable to be taxed, and leave with 
him a blank form on which to make out statements of the 
taxable property in his possession ; after which the Supervisor 
is required to take the list and set down the value of the 
property embraced in the statement, and deduct from the 
moneys at interest and other credits of such person, the 
amount of money upon which he or she pays interest, to- 
gether with his or her other indebtedness. 

On the third Monday of May, and the two following 
days, persons who are not satisfied with the assessment as 
made by the Supervisor, may appear before him and show 
cause why the valuation should be changed. If satisfied he has 
committed an error, it is his duty to make the proper corection. 

After all needed corrections are made, the Supervisor 
makes out an assessment roll, containing the names of the 
resident persons liable to be taxed ; a full description of the 
real estate of such persons; the number of acres in each tract 
or parcel, and the aggregate valuation of the personal estate 
of such person, liable to be taxed, as appears from the state- 
ments in the possession of the Supervisor. 

Lands not occupied and not claimed to be owned by any 
one living in the township are set down and assessed as non- 
resident lands. 

The Township Clerk who keeps the records of the town- 
ship meetings, and of the meetings of the Township Board, 
and who keeps files of all orders and votes for raising moneys 
in his township, furnishes the Supervisor with a statement of 
the amount of money proposed to be raised, and for what 



82 CIVIL GOVERNMENT 

purposes. This statement the Supervisor gives to the the 
County Clerk, who is clerk of the Board of Supervisors. 

At their meeting in October, the Board of Supervisors 
ascertain whether the valuations in the different towns and 
cities are relatively equal. If they are not they correct them. 

The Auditor General of the State apportions the State tax 
equitably among the several counties, and notifies the County 
Clerks of the amounts required from their respective coun- 
ties. The Boards of Supervisors apportion the taxes required 
for county purposes among the townships. In this way the 
County Clerk is enabled to determine just how much money 
is to be raised in each township for taxes, and informs the 
Supervisor, who then assesses the taxes against the individual 
valuations of property on his assessment roll, specifying what 
such taxes are required for. This list the Supervisor delivers 
to the Township Treasurer, who collects the tax. 

If persons against whom a tax is assessed refuse or neg- 
lect to pay the same, provision is made by law to sell so much 
of their property as may be necessary for that purpose; and 
If the tax assessed against non-resident lands shall not be paid, 
such lands may be sold to pay the same. 



Questions— What is a tax ? What is the basis for taxing property ? 
What property is exempt from taxation ? In what way does the Assessor 
ascertain what property is to be assessed for taxation ? What provision is 
made for correcting the Assessor's estimates of value ? What does the as- 
sessment roll contain ? How are unoccupied lands, not claimed by any 
one in the township, assessed ? How does the Clerk of the Board of Su- 
pervisors ascertain what is proposed to be raised as a tax for township pur- 
poses ? How are the valuations of property in the different townships 
equalized ? What officer apportions the State tax among the counties ? 
What body apportions the county tax among the townships? In what 
way is the Supervisor informed of the amount of tax to be raised in his 
township ? What apportionment does the Supervisor make ? What officer 
collects the tax ? In case the tax is not paid, how may the tax be 
collected ? 



CIVIL GOVERNMENT. 83 



CHAPTER XXXV. 



OF WEIGHTS AND MEASURES. 

The law of this State provides how many pounds of cer- 
tain grain, dried fruit, coal, vegetables and products, shall 
constitute a bushel : Wheat, 60; rye, 56 ; shelled corn, 56; 
corn on the cob, 70 ; corn rneal, 50 ; oats, 32 ; buckwheat, 48 ; 
beans, 60 ; clover seed, 60 ; timothy seed, 45 ; flax seed, 56 ; 
hemp seed, 44 ; millet, 50 ; Hungarian grass seed, 50 ; blue 
grass seed, 14 ; barley, 48 ; dried apples, 22 ; dried peaches, 
28 ; potatoes, 60 ; sweet potatoes, 56 ; onions, 54 ; turnips, 58 ; 
peas, 60 ; cranberries, 40 ; dried plums, 28 ; castor beans, 46 ; 
Michigan salt, 56 ; mineral coal, 80 ; orchard grass seed, 14 ; 
Osage orange seed, 33 ; stone lime, 70 ; red-top seed, 14. 

A box or basket of peaches must contain seven hundred 
and sixteen and three-fourths cubic inches, or one-third of a 
bushel. 

A barrel of fruit, roots or vegetables, is that quantity con- 
tained in a barrel made from staves twenty-seven inches in 
length, and each head sixteen and one half inches in diameter. 



Questions. — Give the weight per bushel of the different grains, fruits 
and products mentioned in in this lesson. What is the size required for a 
box or basket of peaches ? State the size required for barrels of fruit, 
roots or vegetables. 



84 CIVIL GOVERNMENT. 



CHAPTER XXXVI. 



THE PUBLIC HEALTH. 

The Supervisors and Justices of the Peace constitute a 
Board of Health for the township in which they reside. 

The Board has power to appoint a physician as a health 
officer, and may make such regulations concerning nuisances, 
sources of filth, and causes of sickness, within their town- 
ships, and on board of any vessels in their ports or harbors 
as they shall judge necessary for the public health and safety ; 
and if any person shall violate any such regulations, he shall 
forfeit a sum not exceeding one hundred dollars. The Board 
of Health are required to give notice of their regulations by 
publishing the same in some newspaper of the township, if 
there be one published therein, and if not, by posting them 
up in five public places in the township. 

It is the duty of the Board to make provision to prevent 
the spread of the small-pox, or other dangerous diseases ; and 
for this purpose may cause any sick or infected person to be 
removed to a seperate house, if it can be done without injury 
to his health ; and if necessary, they may cause the persons 
in the neighborhood to be removed. They may take possession 
of convenient houses and lodgings for the sick, and may em- 
ploy nurses, attendants, 'and other necessaries for them. 

The inhabitants may, if they desire, establish hospitals in 
any township, for the reception of persons having the small- 
pox or other disease which may be dangerous to the public 
health. 

In cities, the Mayor and Aldermen, and in incorporated 



CIVIL GOVERNMENT. 85 

villages, the President and Trustees, constitute the Board of 
Health. 



— What officers constitute the Board of Health in townships ? 
What are the powers of the Board in regard to establishing regulations to 
prevent the spread of disease ? What is said of hospitals ? What officers 
constitute the Board of Health in cities ? In villages ? 



86 CIVIL GOVERNMENT. 



CHAPTER XXXVII. 



OF FENCES AND FENCE-VIEWERS — WHEN NO DAMAGES AL- 
LOWED FOR INJURIES BY TRESPASSING ANIMALS. 

All fences four and a half feet high, in good repair, con- 
sisting of rails, timber, boards or stone walls, or any com- 
bination thereof, and all brooks, rivers, ponds, creeks, ditches, 
and hedges, or other things which shall be considered 
equivalent thereto, in the judgment of the fence-viewers within 
whose jurisdiction the same may be, shall be deemed legal and 
sufficient fences. 

It is the duty of persons occupying adjoining lands, to 
maintain partition fences, in equal shares, so long as both par- 
ties continue to improve such lands. The Overseers of High- 
ways are by law, made the fence viewers in their respective 
townships, and it is their duty, when the parties cannot agree 
to determine the condition of partition fences, and to assign 
to the parties their share of such fences to be by them kept 
in repair. 

The law provides that no person shall be entitled to re- 
cover any sum of money, in any action at law, for damages 
done upon lands by any beast or beasts, unless the partition 
fences by which such lands are wholly or in part enclosed, 
and belonging to such person, or by him to be kept in repair, 
shall be of the same height and description as is required by 
the provisions of the first paragraph of this chapter. 



Questions. — What constitutes a lawful fence ? What is the duty of 
persons occupy iDg adjoining lands, with reference to partition fences ? 
Who constitute the Fence-Viewers, and what are their duties ? What is 
said with reference to the recovery of damages for injuries from trespass- 
ing animals ? 



CIVIL GOVERNMENT. 87 



CHAPTER XXXVIII. 



REGISTRATION" OF BIRTHS, MARRIAGES, AND DEATHS. 

It is the duty of the Supervisor of each township, and 
the Supervisor or Assessor of any city or ward therein, to 
return to the County Clerk, on or before the first day of June, 
in each year, a statement of the births and deaths which have 
occured in their respective townships, cities, and wards dur- 
ing the year ending on the last day of the preceding Decem- 
ber. But in the city of Detroit, persons are appointed by the 
Common Council to perform this duty. 

Persons authorized to solemnize marriages, (Ministers of 
the Gospel and Justices of the Peace,) are required to make 
a record of each marriage solemnized by them; and the 
keeper of the records of the meetings in which any marriage 
among the Friends or Quakers shall be solemnized, shall 
make a record of such marriage. 

Certificates of marriage shall be furnished by the Minis- 
ter, Justice, or Clerk, to either of the parties to such mar- 
riage. Certified copies of the record of marriages must be 
sent to the County Clerk, who is required to record the same. 



Questions. — What is require 3 cf Supervisors and Assessors with refer- 
ence to statements of births ? The duties of persons authorized to solemn- 
ize marriages? 



CIVIL GOVERNMENT. 



CHAPTER XXXIX. 



MONEY AND INTEREST. 

The interest of money shall be at the rate of seven 
dollars upon one hundred dollars for a year, and at the same 
rate for a greater or less sum, and for a longer or shorter 
time. But it is lawful for the parties to stipulate in writing 
any rate of interest not- exceeding ten per cent, per annum. 

Where parties agree that the rate of interest shall exceed 
that authorized by law, the legal rate, and no more, can be 
recovered, in an action at law. 

When any installment of interest upon any note, bond, 
mortgage, or other written contract shall become due, and 
the same shall remain unpaid, interest may be computed and 
collected on any such installment so due and unpaid, from the 
time at which it becomes due, at the same rate as specified in 
any such note, bond, mortgage or other written contract, not 
exceeding ten per cent., and if no rate of interest be specified, 
then at the rate of seven per cent, per annum. 

Parties loaning money, may take interest authorized by 
the law of this State, without reference to the law of the 
place where the money may be payable. 



Questions — What is the legal rate of interest in Michigan ? What rate 
may parties agree upon ? Where the rate of interest agreed upon exceeds 
that authorized by law, what may be recovered ? What is said of interest 
upon installments? When money loaned in this State is made payable 
elsewhere, what rate of interest may be taken ? 



CIVIL GOVERNMENT. 



CHAPTER XL. 



OF THE SUPPORT OF POOR PERSONS. 

The father, mother and children of any poor person who 
is blind, old, lame, impotent or decrepit, so as to be unable to 
maintain himself, shall, at their own charge, relieve and main- 
tain such poor person, in such manner as shall be approved 
by the Directors of the Poor of the township where such poor 
person may be, or by the Superintendents of the County Poor. 

If the relatives whose duty it is to provide for a poor per- 
son, refuse to do so, the Circuit Court may make an order to 
compel them to furnish such support. 

The father shall be first required to maintain such poor 
person, if of sufficient ability; if there be no father, or if he 
be not of sufficient ability, then the children of such poor per- 
son ; if there be no such children, or they be not of sufficient 
ability, then the mother, if she be able to do so. 

If the relative required by law to support a poor person 
is unable wholly to maintain such poor person, the Court has 
power to direct two or more relatives to furnish such support, 
and may fix the amount to be furnished by each. 

When parents abandon their children and refuse to sup- 
port them, or when a husband so abandons his wife, the Su- 
perintendents of the Poor may seize upon the property of 
such parent or husband, and the same may be sold for the 
support of such wife and children. 

The personal property of paupers, except their wearing 
apparel, may be sold for their support. 

When poor persons, unable to support themselves, have 
no relatives able to support them, they may be supported at 



90 CIVIL GOVERNMENT. 

the expense of the county. If the poor person needs tempo- 
rary relief only, it may be furnished by the Supervisor of the 
township, city or ward, or by the Superintendents of the Poor ; 
but if the person requires permanent relief, he is, in those 
counties having poor-houses, to be taken to such poor-house, 
where he is kept and supported under the directions of the 
Superintendents. 

In some of the counties the distinction between township 
and county poor has not been abolished by the Board of Su- 
pervisors. In such cases it is the duty of the township to 
provide for such of their citizens as are unable to support 
themselves, unless their relatives are able to furnish such 
support. 



Questions — What relatives are required to support poor persons ? May 
relatives, having the ability so to do, be required to support poor persons ? 
State the order in which relatives are required to support poor persons. In 
case a relative whose duty it is, by law. to support a poor person, is unable 
to provide sufficient support, what order may the Circuit Court make ? 
What is said concerning those who abandon their children and wives and 
refuse to support them ? What may be done with the personal property of 
paupers? In case a person is unable to support himself, and has no rela- 
tives able to do so, what provision is made ? 



CIVIL GOVERNMENT. 91 



CHAPTER XLI. 



OF THE LIEN OF MECHANICS AND OTHERS. 

For the purpose of enabling mechanics and others who 
may furnish labor or materials for constructing or repairing 
buildings, or for putting up any engine, machinery or appur- 
tenances, for the owner or lessee of lands, upon such lands, the 
law has provided for a lien thereon. 

Such lien shall not attach, unless the contractor, or some 
one in his behalf, shall make and file with the Register of 
Deeds of the county in which the lands shall lie, a certificate 
containing a copy of his contract, if the same is in his posses- 
sion and in writing, and, if not, then a statement of the terms 
of the contract, as near as he can give it, and a description of 
the price or prices, lot or lots of land, on which such building, 
wharf or machinery shall be or is to be constructed or put 
up, and a statement of the amount due and to become due, on 
said contract, together with all credits the owner may be en- 
titled to, which certificate shall be verified by the affidavit of 
the contractor, or some one in his behalf. When this is done, 
and the owner is notified thereof, the lien becomes binding. 

The lien, when the certificate has been recorded, con- 
tinues good for six months, when it ceases, unless proceedings 
shall, within that time, be taken to enforce the lien. 

Sub-contractors may also have a lien for work and mate- 
rials furnished by them. This is secured by making and fil- 
ing with the Register of Deeds a similar certificate to that 
required of the contractor, and containing a further statement 
of the terms of his contract with the original contractor. 



92 CIVIL GOVERNMENT 

The person desirous of enforcing the lien, prepares and 
presents to the Circuit Court in Chancery, for the county in 
which the land may lie, a petition containing a brief state- 
ment of the contract or contracts, and of the amount due 
thereon, with a description of the premises subject to the 
lien, and all other material facts and circumstances, and pray- 
ing for a sale or other disposition of the premises to satisfy 
the same. 

This petition should not be filed until the expiration of 
sixty days from the maturity of the debt. The Court has 
power to direct the giving of such notice to the owner, of the 
time of hearing, as may be considered just. This notice 
should embrace a copy of the order of the Court and of the 
petition, and should be personally served, if the owner lives 
in this State. Notice should also be given to other creditors 
who have similar liens upon the same property. If the owner 
lives out of the State, the Court directs the notice to be given 
by publishing the same in some newspaper printed or circu- 
lating within the county, for six successive weeks. 

At the time fixed for the hearing, the creditors appear 
before the Court and prove their claims, and the Court deter- 
mines the amount due to each creditor who has a lien upon 
the property in question, and may order a sale of such prop- 
erty to satisfy the claims. 

By the law of 1871, provision is made for the better secu- 
rity of mechanics and other persons furnishing materials for 
the erecting, altering, repairing, beautifying or ornamenting 
of buildings. By this provision the lien may include the 
building and land on which it stands, not exceeding a quarter 
of a section to the extent of the interest of the owner or lessee 
thereof. This act may be found at page 1905, of the Compiled 
Laws of 1871. 

Liens upon Personal Property. — Mechanics, artizans and 



CIVIL GOVERNMENT. 93 

tradesmen may retain and have a lien for labor and material 
furnished by them in constructing or repairing any article 
of value. 

Any person may have a lien upon horses, cattle, mules, 
sheep or swine for their keeping, and may retain possession 
of them until the charges are paid. 

In order to enforce these liens, suits should be brought 
before some Justice of the Peace, and judgment recovered for 
such charges. Thereupon an execution is issued and the 
property retained, sold to satisfy the lien. 



Questions— For what has the law furnished a lien ? What are the 
conditions upon which the lien attaches ? How long does the lien con- 
tinue ? What is said of sub-contractors ? How is the lien enforced ? 
What is said of giving notice to the owner? What is said of the law of 
1871 ? What is said of liens upon personal property ? 



94 CIVIL GOVERNMENT. 



CHAPTER XLII. 



THE INTERNAL POLICE OF THE STATE. 



OE DISORDERLY PERSONS — WHO REQUIRED TO GIVE SECURITY 
FOR GOOD BEHAVIOUR. 

All persons who run away, or threaten to run away, who, 
being of sufficient ability, refuse or neglect to support their 
families, or leave their wives or children a burden on the pub- 
lic ; all persons pretending to tell fortunes, or where or with 
whom lost or stolen goods may be found ; all common pros- 
titutes ; all keepers of bawdy houses, or houses for the resort 
of prostitutes ; all drunkards, tipplers, gamesters, or other 
disorderly persons ; all persons who have no visible calling 
or business to maintain themselves by, or who do, for the 
most part support themselves by gaming ; all jugglers, com- 
mon showmen, and mountebanks, who exhibit or perform for 
profit, any puppet shows, wire or rope dancing, or other idle 
shows, acts, or feats ; all persons who keep in any highway, 
or any public place, any gaming-table, wheel of fortune, box, 
machine, instrument, or device for the purpose of gaming; all 
persons who go about with such table, wheel of fortune, box, 
machine, instrument, or device, exhibiting tricks, or gaming 
therewith ; all persons who play in the public streets or high- 
ways, with cards, dice, or any instrument or device for 
gaming ; and all vagrants shall be deemed disorderly persons, 
and may be required to furnish security for their good be- 
haviour, for not less than sixty-five days, nor more than one 
year thereafter ; and in case of failure to furnish such securi- 



CIVIL GOVERNMENT. 95 

ty, shall be committed to jail, until discharged according to 
law. Such persons may be discharged from confinement on 
furnishing the security required ; or, the Circuit Court may 
discharge such person if, in the judgment of the Court, the 
circumstances of the case warrant it, without such security ; 
or may authorize the Superintendents of the Poor to bind out, 
as servants or apprentices, such disorderly persons as are 
under twenty-one years of age, until they reach the age of 
twenty-one years. The Circuit Court may also order disor- 
derly persons to be kept at hard labor for any time not 
exceeding six months. 



Questions — Who are deemed disorderly persons? What maybe re- 
quired of 'them ? In case of a failure to furnish security for good behav- 
ior, what may be done with them? What authority has the Circuit Court 
in such cases ? 



96 CIYIL GOVERNMENT. 



CHAPTER XLIII. 



OF THE OBSERVANCE OF THE SABBATH — GAMING AND THE 
PENALTIES THEREFOR. 

The law provides that any person who, on the first day 
of the week, shall engage in any business or labor, except 
works of necessity or charity, or who shall attend any dancing 
or at any public diversion, show or entertainment, or take 
part in any sport, game or play, shall be punished by a fine 
not exceeding ten dollars, for each offense. 

Hotel keepers shall not, under a penalty of five dollars, 
permit persons, other than their guests, to remain upon their 
premises on the Sabbath. 

No civil suits can be commenced, nor can courts be held 
on the Sabbath. 

Persons who intentionally interrupt or disturb any assem- 
bly of people met for the purpose of worshiping God, shall be 
punished by a fine of not less than two nor more than fifty 
dollars, or by imprisonment in the county jail not exceeding 
thirty days. 

Agreements made on the Sabbath are void. Persons who 
conscientiously believe that the seventh day of the week (Sat- 
urday) ought to be observed as the Sabbath, and actually 
refrain from secular business and labor on that day, shall not 
be liable to the penalties prescribed for performing secular busi- 
ness or labor on the first day of the week, provided they 
disturb no other persons. 

Gaming. — If any person, by playing at any game of 
chance, or by betting, lose to any person so betting or play- 
ing, any money or goods, he may recover the same, or the 
value thereof, in an action for that purpose. If the person 



CIVIL GOVERNMENT. 97 

losing the money or goods does not, within three months after 
his loss, sue for the same, the winner is subject to a fine not 
exceeding three times the value of the money or goods lost. 

If any person shall win or lose at any time or sitting, by 
gaining or betting on the hands or sides of such as are gam- 
ing, any money or goods of the value of five dollars or more, 
whether .the same be paid over or not, shall forfeit and pay 
three times the value of such money or goods. All notes, 
bonds, bills, mortgages or conveyances in which the consider- 
ation, in whole or in part, is for money or goods won by gam- 
ing or betting, are void, except as to those who hold or claim 
under them in good faith, and without notice of the illegality 
of such contract or conveyance. 

Persons who keep, or knowingly permit to be kept, in 
any house, building, yard or garden which he occupies, any 
table for the purpose of playing at billiards for hire, gain or 
reward, or permit persons to resort to such place for the pur- 
pose of playing at billiards, nine-pins or other like game, 
cards or dice, or any other unlawful game, shall forfeit a sum 
not exceeding one hundred dollars, and give security that he 
will not be guilty of any offense against the chapter of the 
statute to compel the observance of the Sabbath and to 
prevent gaming. 

Persons playing at such games, at such tables or alleys, 
thereby forfeit a sum not less than two nor more than ten 
dollars for each offense. 



Questions — What acts are prohibited on the first day of the week ? 
What is said of hotel keepers? What of agreements made on the Sabbath ? 
What exception as to labor on the Sabbath is made ? In case money or 
goods shall be lost by placing at games of chance or betting, how may the 
same be recovered? How and under what circumstances may the winner 
or loser be punished ? What is said of the validity of securities or convey- 
ances given for moneys or goods won by betting or at games of chance ? 



98 CIVIL GOVERNMENT. 



CHAPTER XLIV. 



SUNDRY LAWS REGULATING THE CONDUCT OF CITIZENS — THE 
LAW OF THE ROAD — DESTRUCTION OF TIMBER MARKS. 

Whenever persons, traveling with a team, meet each 
other on any road or bridge, each person is required to drive 
to the right of the middle of the traveled part of the road or 
bridge. A failure to do this, subjects the person so failing, 
to a penalty not Exceeding twenty dollars, and to the pay- 
ment of whatever damages a party may sustain by reason of 
such failure. 

No hack or stage proprietor is allowed to keep a driver 
who is in the habit of using intoxicating liquors to excess ; 
and for so doing he is liable to a penalty of five dollars a day 
for the time he retains him in his^ service. 

If such driver is intoxicated while driving a coach, stage. 
hack or omnibus, it is the duty of the proprietor to discharge 
him as soon as notified of the fact by any passenger, under 
oath, and in writing, who witnessed the same ; and failure to 
discharge such driver, subjects the proprietor to a penalty of 
five dollars per day so long as he shall keep him. 

If a driver of a carriage for the conveyance of passengers 
for hire, intentionally causes or permits his horses to run 
away, whether any person be in the carriage or not, he is 
liable to a fine not exceeding one hundred dollars, or im- 
prisonment in the county jail not exceeding thirty days, or 
both, at the discretion of the Court. If such driver shall leave 
his horses while attached to a carriage in or on which any 
passenger may be at the time, without some suitable person 



CIVIL GOVERNMENT. 99 

to take charge of them, he shall forfeit a sum not exceeding 
twenty dollars. 

Proprietors of public conveyances are liable to persons 
injured, for the misconduct of the driver, while in the em- 
ployment of such proprietor. 

Destruction of Timber Marks. — Whoever shall unlawfully 
cut out, alter, or destroy any mark of the owner, made on any 
logs, timber or lumber, put into any lake, stream, or pond, 
shall forfeit a sum not exceeding ten dollars, for each log, 
stick of timber, or piece of lumber, the mark of which he shall 
have so altered, cat or destroyed, and shall be liable to the 
party injured in three times the amount of the damage. 

Whoever takes, without the consent of the owner, logs, 
timber, boards, or planks, floating in any of the waters of this 
State, or lying on the banks or shores, or on any island on 
which they shall have drifted, is liable to the owner in three 
times the amount of the damages ; but if they shall have re- 
mained there for two years, without the owner's having paid 
the owner of the land, or offered to pay him the damages 
occasioned by reason of their lying on his land, and whatever 
damages he would sustain by their removal, they become the 
property of the land-owner. 



Questions — What does the law require of persons driving teams on the 
highways, when meeting each other ? What is the penalty for stage pro- 
prietors retaining in their employ intemperate drivers ? What is said with 
reference to hitching or fastening horses attached to public conveyances? 
Who are liable for injuries occasioned by misconduct of drivers ? What is 
said of the destruction of certain timber marks? What is said with refer- 
ence to logs, timber and lumber that may float upon the lands of any per- 
son ? What is the duty of persons finding lost goods ? What is his duty 
if the goods exceed in value three dollars ? Where they exceed ten dollars ? 



100 CIVIL governmen: 



CHAPTER XLV. 



LOST GOODS AND STRAY BEASTS. 

Any personfinding lost goods is required immediately to 
give notice to the owner, if known. If not, and the goods 
are worth three dollars or more, he must, within two days, 
post notices in two public places within the township where 
the property was found, and within seven days give written 
notice to the Town Cleak, and pay him twenty-five cents for 
making an entry thereof in a book kept for that purpose. 

If the value of the goods be ten dollars or more, notice 
must also be published within a month, in a newspaper of 
the county, if there b8 one, and if not, then in a newspaper 
of an adjoining county, for six weeks. 

Any resident freeholder of any townsoip, may take up any 
stray horses, mules, or asses, going at large beyond the range 
where they usually run at large ; and may also take up> 
between the months of November and March, stray cattle, 
sheep, or swine. 

Such finder is required to give immediate notice to the 
owner, if known. He must, within ten days, have notice 
thereof entered in the Township Clerk's book, giving the color, 
age and marks of the animals, as near as may be, together 
with the name and place of residence of the finder, and pay 
the Clerk fifty cents. The Clerk sends a copy of the notice to 
the County Clerk. 

If the owner does not appear within one month, and 
claim his property, and the animals taken up shall be worth 
more than ten dollars, the finder is required to advertise as 
in case of lost goods. 



CIVIL GOVERNMENT. 101 

The finder of lost goods or stray animals, of the value of 
ten dollars or more, must, within three months, procure 
an appraisal of the property to be made, and certified 
by a Justice of the Peace, which shall be filed with the 
Clerk. 

If the owner of lost goods at any time within one year, 
claims his property, he is entitled to it, or its value, on paying 
all costs and charges, together with a reasonable compensa- 
tion to the finder for keeping and taking care of it, and for 
his traveling expences, to be determined by a Justice of the 
Peace, if the parties fail to agree. 

If no owner appears, in one year, the lost money or goods 
shall belong to the finder, he paying one-half their value to 
the Township Treasurer. 

If the owner of such stray beasts appears in six months, 
and pays all lawful charges, he is entitled to them; but if not, 
they must be sold at auction by a constable, he first giving 
notice thereof in writing, by posting the same in three pub- 
lic places in the township, and the moneys realized, after 
paying costs and charges is to be deposited in the treasury of 
the towmship. 

If the owner appears within one year after the entry of 
the notice with the Town Clerk, he is entitled to the money 
deposited with the Treasurer, but if he shall not so appear, 
the money belongs to the township. 

If the person finding property or taking up strays shall 
fail to give the required notices, and shall fraudulently ap- 
propriate the property to his own use, he is subject to a pen- 
alty of not less than ten nor more than fifty dollars, and to be 
imprisoned in the county jail until the fine be paid, not ex- 
ceeding ninety days. 

If a person shall unlawfully take away any animal taken 



102 CIVIL GOVERNMENT. . 

up as a stray, without having first paid the charges, he is 
liable to the finder for the full value of the property. 



Questions —Who may take up stray beasts? When may cattle, sheep and 
swine be taken up ? What is required of the finder of stray animals ? 
When may the owner of lost goods reclaim them ? On what terms? If the 
owner does not appear, to whom does the property belorjg ? How and when 
may the owner of stray beasts reclaim them ? If the owner does not appear 
in six months, u hat is done with stray animals ? What is done with the mo- 
ney ? When and how may the owner procure the money deposited with the 
Treasurer ? If the owner fails to appear within one year, to whom does 
the money belong ? What is the penalty where the finder of goods appro- 
priates them to his own use, fraudulently, without giving the required 
notice ? In case a person takes away an animal taken up as a stray, with- 
out having first paid the charges, what is his liability ? 



CHAPTER XLVI. 



RUNNING AT LARGE OF ANIMALS — UNCLAIMED PROPERTY — 
THEATRICAL EXHIBITIONS AND SHOWS — GUNPOWDER — 
DOGS — SHEEP. 

By a law passed in 1867, the Board of Supervisors of any 
county may pass a resolution prohibiting the running at large 
of horses, cattle, sheep and swine. In those counties where 
such resolution has been passed, it is lawful for any person to 
seize and take into his possession any animal which may be 
trespassing upon his premises, or which may be in any public 
highway, and opposite the land owned or occupied by him, 
contrary to such resolution. The person making such seiz- 
ure is required to notify a Justice of the Peace or highway 
Commissioner of the fact. The officer thus notified posts noti- 
ces advertising the public sale of such animals in sixty days. 



CIVIL GOVERNMENT. 103 

After paying the costs and charges, the surplus moneys aris- 
ing from the sale are kept for the owner, and if he calls for them 
within one year, they are paid over to him; if not, they belong to 
the township. If the owner so desires, he may redeem the an- 
imal at any time within a year after the sale, by paying all 
costs and charges, and a reasonable compensation for keeping 
such animal. 

At any time before the sale of the animal, the owner may 
have the possession of such animal, on paying the costs and 
charges provided for by law. 

The owner of any bull, stallion, boar, or ram, is subject to 
a fine of five dollars for allowing such animals to run at large. 
Unclaimed Property. — Whenever personal property is 
sent to, or left with warehouse-keepers, or to the keeper of 
any depot, it is the duty of the person receiving and having 
charge of the same, to enter in a book the description and 
time of receiving such goods. 

If such goods were not left to be forwarded or otherwise 
disposed of, according to directions, the person having them 
in charge is required to notify the owner, if his residence be 
known, by letter. 

In case such property is not claimed in three months, it 
is advertised for four weeks, the notice stating that unless 
such property shall be claimed within three months from the 
first publication of such notice, and the lawful charges paid, 
they will be sold. If not claimed, a Justice of the peace or- 
ders a Constable to sell the goods. The Constable, after mak- 
ing the sale, returns the money to the Justice, who pays the 
charges and expenses of sale, and pays over to the County 
Treasurer the surplus moneys, where the person whose goods 
were sold may get them at any time within five years. If not 
claimed in five years, the County Treasurer pays them over 
into the State Treasury for the use of the State. 



104 CIVIL GOVERNMENT. 

Theatrical Exhibitions and Shows. — Township or village 
boards have authority to license theatrical exhibitions, public 
shows, and such other exhibitions as they deem proper, to 
which admission is obtained on payment of money, upon such 
terms and conditions as they shall think reasonable, and may 
regulate the same as they shall think necessary for Ihe pres- 
ervation of order. 

Any person who shall set up or promote any such exhibi- 
tion or show without a license, or contrary to the terms of 
such a license, may be fined a sum not exceeding two 
hundred dollars. 

Gunpowder. — The inhabitants of incorporated villages or 
townships, at any regular meeting, may by resolution, order 
that no gunpowder shall be kept in the township or village, 
unless in tight casks or canisters ; and that not over fifty 
pounds shall be kept in any building, ship or vessel, within 
twenty-five rods of any other building or wharf; not over 
twenty-five pounds within ten rods of any other building ; and 
that not over one pound shall be kept in any buildiijg within 
ten rods of any other building, unless it be secured in copper, 
tin, or brass canisters, holding not exceeding five pounds each, 
and closely covered with copper, brass, or tin covers. A vio- 
lation of this provision subjects the offender to a fine not ex- 
ceeding twenty dollars ; but the law is not designed to apply 
to the manufacturer of powder, nor to prevent carrying it 
through the township. 

Dog Licenses. — The Legislature of 1873, passed an act to 
provide for licensing and the keeping of dogs. By this act, 
the owner or keeper of every male dog must pay to the City 
or Township Clerk a license of one dollar; for every female 
dog, three dollars. These licenses run until the first of April 
next following their date. During the continuance of the li- 



CIVIL GOVERNMENT. 105 

cense, the owner is required to keep a collar on the dog's 
neck, distinctly marked with the owner's name. 

The moneys raised from licenses constitute a fund for 
the payment of damages which persons may sustain by the 
killing or wounding of sheep or lambs, by dogs. 

Whoever keeps a dog without a license and collar is sub- 
ject to a forfeiture of ten dollars. 

It is the duty of Constables and Policemen to kill all 
dogs found not licensed and collared. 

From this, it would seem that dogs are not " entitled to 
life, liberty, and the pursuit of happiness," unless they hap- 
pen to belong to some one able to license and collar them. 

Sheep. — Any person who shall knowingly bring into this 
State, sheep having any contagions disease, is subject to a 
penalty of not less than fifty dollars, and on failure to pay 
the same, may be imprisoned in the county jail not exceeding 
three months ; and any person who shall allow his sheep to 
run at large, on the highway, knowing them to have a con- 
tagious disease, is subj ect to a penalty of not less than fifty 
nor more than one hundred dollars ; and in default of pay- 
ment may be imprisoned in the County Jail not to exceed 
three months. 



Questions — In those Counties where cattle, horses, sheep and swine 
are prohibited from running at large, what provision is made for seizing 
such animals when at large? What proceedings are had to effect a sale of 
such animals ? What is done with the proceeds of ihe sale ? May the 
owner redeem the animals when f-old ? On what terms may the owner pro- 
cure the possession of animals seized, for running at large contrary to law ? 
What are warehousemen and other baile<s required to do in regard to prop- 
erty consigned to them ? Under what circumstances may such goods be 
sold ? How are such sales effected ? What disposition is made of the mon- 
eys arising from the sale? What powers have township and village boards 
with reference to theatrical exhibitions and shows? What is the penalty 



106 CIVIL GOVERNMENT. 

for setting up or promoting such shows or exhibitions without a license, or 
contrary to the terms of such license? What regulations may the inhabi- 
tants of townships and villages make concerning the keeping of gunpow- 
der ? What can you say in reference to the dog-license law ? What is the 
penalty for importing diseased sheep ? For allowing such sheep to run at 
large in the highways ? 



CHAPTER XLVIL 



LAWS FOR THE PROTECTION OF FISH. 

It is unlawful to put into any of the waters of the State,, 
where fish are taken, any offal, blood, putrid brine, putrid 
fish or filth of any description. The penalty for a violation 
of this law, is a fine not exceeding three hundred dollars, or 
imprisonment not exceeding thirty days, or both, at the dis- 
cretion of the Court. 

All fish, offal or filth accruing from the catching and cur- 
ing of fish, must be burned or buried ten rods distant from 
the beach or shore of the river or lake. 

The spawn taken from all whitefish caught shall be forth- 
with deposited in the waters near the spawning places from 
which the fish were taken. 

For a violation of the provisions of law mentioned in 
either of the last two paragraphs, the offender is subject to a 
penalty of not more than one hundred dollars, nor less than 
twenty -five dollars, and costs, or to imprisonment in the coun- 
ty jail for a period not exceeding thirty days, or both, at the 
discretion of the Court. 

The Boards of Supervisors of the several counties have 
the power to make rules and regulations for fishing with nets 
and all manner of fishing tackle, in those counties where the 



CIVIL GOVERNMENT. 107 

law does not, by express terms or by reasonable implication, 
deprive them of this po.wer. 

The Boards, except in those counties referred to in the 
preceding paragraphs, and to which reference will be made 
hereafter, are authorized and required to grant, on the appli- 
cation of any transient or non-resident person or persons, a 
written permission or license for one year, for each and every 
pound or trap net used, on payment of fifty dollars. 

A law was passed in 1867, to prevent fishing with seines 
and every kind of continuous nets, in the waters of the coun- 
ties of Branch, Livingston, Cass, St. Joseph, Kent, Ionia, Gen- 
esee and Calhoun, or in any of the lakes, rivers or streams of 
Macomb county, under a penalty of not more than one hun- 
dred dollars, or imprisonment in the county jail not more than 
sixty days, to be determined by the Court. A similar act was, 
passed in 1865 with reference to fishing, in the counties of 
Jackson, Hillsdale, Washtenaw, Van Buren, Calhoun, Kalama- 
zoo, Barry, Eaton and the townships of Rollin, Medina, Sene- 
ca, Dover, Hudson, Cambridge, Franklin and Woodstock, in 
Lenawee county At the same session of the Legislature, an 
act similar to the foregoing was passed, applying to all the 
inland lakes or small streams of all the territory of the State, 
according to the United States' survey, north of the township ' 
line numbered twenty, north. 

The law makes it the duty of the owners or occupants of 
mill-dams to construct proper shutes, to admit the passage of 
fish during the months of April, May and June. A failure to 
do this subjects the person in default to a fine not exceeding 
one hundred dollars, or imprisonment in the county jail not 
exceeding ninety days. 

It is unlawful for any person to place a weir dam, fish 
weir or weir net, across any race, drain, stream, or inland river 
of this State, so as to obstruct the free passage of fish up and 



108 CIVIL GOVERNMENT. 

down the same; and the offender is subject to a fine of not 
less than five nor more than fifty dollars, for each offense, and 
also to the payment of two dollars additional penalty for every 
day he shall continue to keep up such fish weir or weir net, 
after having been notified by any elector of the township 
wherein such fish weir or weir net may be, feeling himself 
aggrived thereby, to remove the same. 

By the provisions of an act passed in 1873, it is unlawful 
to kill, at any time, by means of nets, traps or seines, in any 
inland lake, river or stream, or by any other means, between 
the first day of October and the first day of April next suc- 
ceeding, any speckled trout or grayling. The penalty for a 
violation of this provision is a fine not exceeding one hun- 
dred dollars, nor less than twenty-five dollars, or imprison- 
* ment in the county jail not exceeding thirty days, or both, at 
the discretion of the Court. 

In 1873, the Legislature passed an act to establish a Board 
of Commissioners to increase the product of the fisheries. 
This Board is required to locate a State fish-breeding estab- 
lishment, for the artificial propagation and cultivation of 
white-fish, and such other kinds of the better class of food 
fishes as they may direct. The daties of this Board have 
been referred to in a preceding chapter. 



Questions — What materials shall not be put into the waters of this State, 
where fish are taken ? What is the penalty for violating this provision ? 
What must be done with offal, etc. , which accrues from the catching and 
curing of fish ? What must be done with the spawn, in certain cases ? 
What is the penalty for refusing or neglecting to dispose of the offal, &c, 
and of the spawn, as directed ? What powers have Boards of Supervisors 
in relation to fishing ? What is said of the law of 1867 ? Of the acts of 
18G5 ? What is said of the construction of shutes? Of weir dams and 
weir nets? What is said of the act of 1873, with reference to a Board of 
Fish Commissioners ? 



CIVIL GOVERNMENT. 1C9 



CHAPTER XLVIIL 



OF THE PROTECTION OF GAME AND MUSK-RATS. 

It is provided by law that no person or persons shall 
pursue, or hunt, or kill any wild elk, wild buck, doe, or fawn, 
save only during the months of October, November, and 
December in each year; or kill or destroy by any means 
whatever, or attempt to take or destroy any wild turkey at 
any time during the year, except in the months of Septem- 
ber, October, November, and December in each- year; or kill 
or destroy, by any means whatever, any woodcock until after 
the fifth of July; or any prairie chicken, or pinnated grouse, 
ruffled grouse, commonly called partridge or pheasant, or 
.any wood duck, teal duck, or mallard duck, save only from 
the first day of September in each year to the first day of Jan- 
uary next following. 

It is also provided that no person or persons shall kill or 
destroy, or attempt to kill or destroy, any quail, sometimes 
called Virginia partridge, except during the months of Octo- 
ber, November, and December in each year. 

The law also provides that no person shall kill, or 
attempt to kill, any wild duck, or other wild fowl, with or by 
means of a swivel or punt gun, or rob or destroy the nests of 
any wild duck or wild geese, or in any manner kill or molest 
the same while they are sitting at night on their nesting 
places. 

No person shall sell, or expose for sale, any of the birds 
or animals protected by this act, after the expiration of 
thirty days next succeeding the times limited and prescribed 



110 CIVIL GOVERNMENT. 

for the killing of any such birds or animals : Provided, hmo- 
ever, That it shall be lawful to expose for sale, and to sell, 
any live quail for the purpose of preserving the same alive 
through the winter. 

Any person violating any of the foregoing provisions, is 
deemed guilty of a misdemeanor, and is liable to a penalty of 
fifty dollars for each offense, and on conviction thereof, is to 
be committed to the common jail until such penalty is paid; 
provided, that the imprisonment shall not exceed thirty days. 

All persons within this State are prohibited from killing 
any robin, night-hawk, whippoorwill, finch, thrush, lark, 
sparrow, cherry-bird, swallow, yellow-bird, blue-bird, brown- 
thrasher, wren, mattin, oriole, wood-pecker, bobolink, or any 
song bird, and from robbing the nests of such birds, under a 
penalty of five dollars for each bird so killed, and for each 
nest robbed. 

Any person or company having any of the above named 
birds or animals in their possession for transportation, or who 
shall transport the same, after the expiration of thirty days 
next succeeding the times limited and prescribed for the 
killing of such birds or animals, is liable to be punished by a 
fine not less than ten dollars, nor more than one hundred 
dollars. 

This penalty, however, does not apply to the transporta- 
tion of quails which are to be kept alive during the winter, 
nor to the transportation of such birds or animals in transitu 
through this State from other States, where it is lawful to 
kill them at the time of such transportation. 

All persons are prohibited from using guns or other fire- 
arms, to maim, kill or destroy any wild pigeon or pigeons at 
or within one-half mile of the place or places where they are 
gathered in bodies for the purpose of brooding their young, 
known as pigeon nestings ; and no person shall in any way 



CIVIL GOVERNMENT. Ill 

main, kill, or destroy any wild pigeon or pigeons within their 
roostings any where within the limits of this State ; and any 
person who shall violate the law in this particular is subject 
to a penalty of fifty dollars, with costs of suit. 

Any persons violating any of the provisions of this act, 
may be prosecuted before any Justice of the Peace of the 
county in which such violation is alleged to have taken place, 
or before any court of competent jurisdiction; and it is made 
the duty of all Prosecuting Attorneys in this State to see that 
the provisions of this act are enforced in their respective 
counties, and to prosecute all offenders, on receiving informa- 
tion of the violation of any of the provisions of this act ; and 
it is made the duty of Sheriffs, Under-Sherifis, Deputy-Sher- 
iffs, Constables, and Police officers, to inform against and 
prosecute all persons, whom there is probable cause to 
believe are guilty of violating any of the provisions of this 
act. 

These provisions do not apply to any person who shall 
kill any of the birds or animals named, for the sole purpose 
of preserving them as specimens for scientific purposes, nor 
to any person who shall collect the eggs or nests of any bird 
for such scientific purposes. The prosecution in any such 
case is not required to prove that the killing of the bird or 
animal, or the taking of the nest or eggs, as the case may be,, 
was not done for scientific purposes. 

All prosecutions under this act must be brought within 
three months from the time the offense was committed. 

The statute also provides against the destruction of 
musk-rats and musk-rat houses in the marshes, along the 
shores of Lakes Erie, St. Clair, Huron, and Michigan, or in 
or on the banks of any bayous or creeks tributary thereto, 
between the fifteenth day of April and the first day of Janu- 



112 CIVIL GOVERNMENT. 

ary, under a penalty of three dollars for each, musk-rat so 
killed, or destroyed. 

Penalties for the violation of this act my be sued for in the 
name of the people of the State of Michigan, before any Jus- 
tice of the Peace in the county where the alleged offense was 
committed, and such suit shall be carried on in the same 
manner as prosecutions for other misdemeanors. Penal- 
ties are to be paid into the treasury of the county where the 
offense was commenced, for the support of the township 
libraries of the county. 

It is provided that this act shall not be so construed as 
to prevent the catching and killing of any animals specified 
in the foregoing sections, where there is danger of their doing 
injury to property, either public or private. 



Questions. — What is said, in the first paragraph of this lesson, of the 
killing, pursuing, or hunting of certain animals? Daring what months 
may these animals be killed ? What is said of the killing of birds ? What 
name is sometimes given to the quail? During what months may these be 
killed ? Why this provision ? What is meant by a swivel or punt gun ? 
What is said of the sale of these birds or animals? What exception is 
made in respect to the sale of these birds or animals, and why ? What 
penalty is attached to the violation 'of this act? What song birds may not 
be killed ? Is the penalty the same for robbing nests as killing birds ? 
What is said of transporting birds ? What is the penalty for violating this 
act ? What exception to this penalty ? What is said of killing or destroy- 
ing pigeons ? What are the places called where pigeons brood? What is 
the penalty for killing these birds or destroying their nests ? What is the 
duty of the Prosecuting Attorney in this matter ? What is the duty of 
other officers relative to such prosecutions ? To whom do these provisions 
not apply ? What is the prosecution not required to prove ? Within what 
time must prosecutions be brought under this act ? What is the law rela- 
tive to the destruction of musk-rats ? To what portions of the State does 
this act apply ? State the penalty for its violation ? How are such penal- 
ties secured ? To what are such penalties applied? State the exceptions 
to the provisions of this act. 



CIVIL GOVERNMENT. 113 

CHAPTER XLIX. 



TRESPASS UPON CRANBERRY MARSHES — CANADA THISTLES, 
DESTRUCTION OF. 

It is unlawful to enter upon the premises of another, 
without permission, to take and carry away cranberries or 
cranberry vines, or to injure them in any way. To do so, 
subjects the offender to imprisonment in the county jail, not 
less than five days, or to a fine of not less than five dollars, or 
both, in the discretion of the Court; and if the offense is com- 
mitted on the Sabbath, or in the night time, or while the 
offender is disguised, the fine is not less than ten dollars and 
the imprisonment not less than ten days, or both, at the dis- 
cretion of the Court ; and any such person is also liable to 
the owner or occupant of the premises, in three times the 
amount of the actual damages. 

Canada Thistles. — The owner or occupant of lands is re- 
quired, under a penalty of ten dollars, to cut down and 
destroy all Canada thistles growing upon such land, or upon 
the highway running through or by such land, so often as 
shall be necessary to prevent them from going to seed. 

Overseers of Highways and Highway Commissioners are 
required to cause all such thistles to be destroyed within their 
respective townships and districts. 

Any person who shall knowingly sell any grass or other 
seed, among which there is any seed of the Canada thistle, 
shall be liable to a fine of twenty dollars. 



Questions — What is said in relation to trespasses upon cranberry 
marshes? "What circumstances are considered as an aggravation of the 
offense? What are the owners or occupants of lands required to do with 
reference to Canada thisles ? What officers are to attend to the destruction 
of Canada thistles? What is the penalty for selling seeds containing seed 
of the Canada thistte ? 



114 CIVIL GOVERN" ME NT. 



CHAPTER L. 



INTOXICATING LIQUORS— MANUFACTURE AND SALE OF, 
PROHIBITED. 

It is unlawful to manufacture or sell, in person, or by his 
clerk or agent, spirituous or intoxicating liquors, except as 
provided by law. 

It is not unlawful to manufacture alcohol containing not 
less than eighty parts in the hundred of pure alcohol. Drug- 
gists, who have given bonds, as the law requires, not to sell 
any spirituous or intoxicating liquors, or any mixed liquor, 
a part of which is spirituous or intoxicating, except to be 
used as a medicine, as a chemical agent in scientific, mechan- 
ical or manufacturing purposes, or wine for sacramental pur- 
poses; nor to sell the same to any person whom he knows, or 
has good reason to believe, intends to use it as a beverage, or 
to any person to be drunk, for any purpose, upon the premi- 
ses ; nor to minors, unless upon the written order of his 
father, mother, guardian, or family physician, may sell such 
liquors according to the conditions and subject to the limita- 
tions of such bonds. 

Manufacturers of alcohol manufactured in accordance 
with the provisions of law, may sell such alcohol to persons 
who have given such bonds as are mentioned above. • 

It is not unlawful to make cider from apples, or wine from 
grapes or other fruits grown or gathered by the manufacterer 
thereof, or of beer made in this State, and free from all other 
intoxicating liquors ; but in no case shall such beer be sold in 
less quantity than five gallons, or such wine or cider be sold 
in less quantity than one gallon, and sold to be, and be all 



CIVIL GOVERNMENT. 115 

taken away at one time ; and all sales of such beer, in less 
quantities than five gallons, or of such wine or cider, in less 
quantity than one gallon, to be drunk or used on the premi- 
ses, shall be an unlawful sale. 

It is not unlawful to sell liquors that are of foreign pro- 
duction, and which have been imported under the laws of the 
United States, and in accordance therewith, and contained in 
the original packages in which they were imported, and in 
quantities not less than the laws of the United States 
prescribe. 

All payments for liquors sold in violation of law may be 
recovered back, by the person paying the same, his wife or 
-any of his children, or his parent, guardian, husband, or em- 
ployer ; and all sales, notes, securities, or the like, made or 
given where the consideration thereof, either in whole or in 
part, shall have been the sale or agreement to sell, liquor, con- 
trary to law, shall be void, against all persons, and in all 
cases, except only as against the holders of negotiable securi- 
ties, or the purchasers of property who may have paid there- 
for a fair price, and received the same upon a valuable and 
fair consideration, without notice or knowlecge of such illegal 
consideration. 

Where a person, by reason of intoxication, inflicts an in- 
jury upon the person or property of another, the injured 
party may recover his damages against the person furnishing 
the liquor that may have caused or contributed to the intoxi- 
cation of such intoxicated person. And the owner or lessee 
of buildings having knowledge that intoxicating liquors are 
to be sold therein at retail as a beverage, are equally liable 
with the seller for damages resulting from such sales. 

The giving away of intoxicating liquors, or any other 
shift or device, with intent to evade the law, shall be deemed 
an unlawful selling, and every person who, as clerk, agent or 



116 • CIVIL GOVERNMENT. 

servant of another, shall sell any such liquor, shall be deemed 
equally guilty as his principal. 

If any person shall knowingly solicit or encourage any 
person, who has previously used intoxicating drinks habitu- 
ally or injuriously, to use as a beverage any such liquors, or 
if he shall voluntarily, directly, or indirectly, give any such 
liquors, or cause the same to be given to such person, or 
shall, with the intention of having such person drink or use 
thern, place any such liquors, or cause or procure the same to> 
be placed where such person may obtain them, to be used 
as a beverage, such person so offending shall be subject to 
the penalties and forfeitures in'ovided against selling such, 
liquors. 

The statute provides that persons found intoxicated may 
be compelled to appear before a Justice of the Peace, and 
disclose where and of whom he procured the liquors. 

It is also provided that any person found drunk in a 
public place, may be fined five dollars. 

The keeping or selling of liquors contrary to law, sub- 
jects the offender to a penalty of twenty-five dollars and 
costs; for the second offense, fifty dollars and costs; and for 
each subsequent offense, a fine of one hundred dollars and 
imprisonment in the county jail, not less than three nor more 
than six months. 

It is provided that common sellers and manufacturers of 
liquors in violation of law, shall, on each conviction, forfeit 
and pay double the amount specified in the last preceding 
section, with costs of suit or prosecution ; and that for the 
third, or any subsequent conviction, shall, in addition to the 
forfeiture, be imprisoned for six months. 

The law prohibits the employment of persons upon rail- 
roads who use intoxicating drinks as a beverage, under a 
penalty of twenty-five dollars, where the officers of the com- 



CIVIL GOVERNMENT. 117 

pany know that such employee uses such liquors as a 
beverage. 

If any person shall bring into any jail any intoxicating 
liquors for sale or for the use of any prisoner, unless the same' 
shall be certified to be absolutely necessary for the health of 
such prisoner, or if any officer or person employed in or about 
such jail shall knowingly permit any spirituous liquor to be 
sold or used in jail, contrary to law, such officer or person 
shall be subject to imprisonment not exceeding one year, or 
a fine not exceeding two hundred and fifty dollars, or both, in 
the discretion of the Court. 



Questions— State what grade of alcohol may be lawfully manufactured. 
"What is said as to the sale of liquors by druggists ? What is said of the 
sale of alcohol by manufacturers ? What is said of the manufacture of 
cider, wine and beer ? What is said of the sale of these articles ? What 
is said of liquors of foreign production? By whom may moneys paid out 
for liquors, in violation of law, be recovered ? What of securities given 
for liquors ? Who are liable for injuries inflicted by reason of intoxica- 
tion ? What is deemed equivalent to an unlawful sale of liquors ? What 
is said of soliciting certain persons to use liquor as a beverage ? What 
pro-vision is made for procuring testimony as to where any intoxicated per- 
son procured his liquor ? What is the penalty for being intoxicated in a 
public place ? What is the penalty for keeping or selling intoxicating 
liquors contrary to law ? What is the punishment for being a common 
seller or manufacturer of liquors contrary to law ? What is the law in re- 
gard to the employment of persons addicted to the use of intoxicating 
drinks, by railroad companies ? What is said of the sale of intoxicating 
drinks in jails ? 



118 CIVIL GOVERNMENT. 



CHAPTER LI. 



OF CRIMES AND MISDEMEANORS — TREASON — MURDER — DU- 
ELS — MANSLAUGHTER — MAIMING — ROBBERY — MALICIOUS 
THREATS — MARRIAGE UNDER DURESS OR BY FORCE — UN- 
LAWFUL IMPRISONMENT — KIDNAPPING. 

Persons accused of crime have the right to counsel and 
witnesses in open Court. 

An acquittal, on a trial of the facts, is a bar to further 
prosecutions for the same offence. 

Treason against the State, that is, levying war against it, 
or adhering to its enemies, giving them aid and comfort, is the 
highest crime known to our laws, and is punishable by death. 

Murder in the first degree, that is, the deliberate and 
premeditated killing of a human being without cause, or the 
killing of a person while attempting to perpetrate any crime, 
rape, robbery, or burglary, subjects the offender to imprison- 
ment for life in the State Prison. Murder in the second de- 
gree, that is, where the act of killing is done intentionally 
but without that premeditation and deliberation which dis- 
tinguish murder in the first degree, is punishable by impris- 
onment in the State Prison for life, or any number of years, 
in the discretion of the Court. 

Fighting a duel, if death ensue, is murder in the first de- 
gree. Fighting a duel, although neither party be killed, or 
offering to fight one, subjects the offender to imprisonment in 
the State Prison not exceeding ten years, or by fine not ex- 
ceeding one thousand dollars and imprisonment in the County 
jail not more than three years, and deprives the offender of 



CIVIL GOVERNMENT. 119 

the right to hold any office under the laws of this State. The 
penalties of the law against dueling apply to seconds as well 
as principals. Indeed, all who in any way encourage the 
fighting of a duel are subject to heavy penalties. 

The crime of manslaughter, which consists in the killing 
of a human being, while under the influence of sudden provo- 
cation, or from heating of the blood, or stirring the passions 
to such an extent as to exclude the idea of malice, is punish- 
able by imprisonment in the State Prison, not more than fif- 
teen years, or by fine not exceeding one thousand dollars. 

Maiming or disfiguring, or attempting to maim or disfig- 
ure another, with malicious intent, or aiding in the commis- 
sion of the offence, is punishable by imprisonment in the 
State Prison, not more than ten years, or by fine not exceed- 
ing one thousand dollars, or both, at the discretion of the 
Court. 

If a person robs another, such robber being armed with a 
dangerous weapon, with intent, if resisted, to kill or maim the 
person robbed, or if, being so armed, he shall wound or strike 
the person robbed, he shall be punished in the State Prison 
for life, or any number of years. If the robber be not armed, 
the punishment cannot exceed fifteen years imprisonment. 

If any person shall maliciously threaten to accuse an- 
other of any crime or offence, or to injure the person or 
property of another, with intent thereby to extort money or 
any pecuniary advantage, or with intent to compel the person 
so threatened to do any act against his will, he shall be pun- 
ished by imprisonment in the State Prison, or in the County 
Jail, not exceeding two years, or by fine not exceeding one 
thousand dollars. 

If any person shall take any woman unlawfully and 
against her will, and by force, menace or duress, compel her 
to marry him or any other person, he shall be punished by 



120 CIVIL GOVERNMENT. 

imprisonment in the State Prison for life or any term of 
years. 

Imprisoning a person without lawful authority, or forcibly 
carrying such person out of the State, subjects the offender 
to imprisonment in the State Prison for a term not exceeding 
ten years, or by fine not exceeding one thousand dollars. 

The law against seduction, rape, and kindred crimes, is 
justly very severe, the penalty being imprisonment in the 
State Prison. To entice a girl under the age of sixteen 
years, away from father, mother, guardian, or other person 
having legal charge of her, for lustful or other base purposes, 
or for marriage, subjects the offender to imprisonment in the 
State Prison not exceeding three years, or by imprisonment 
in the county jail not exceeding one year, or by fine not ex- 
ceeding one thousand dollars. 



-To what have persons accused of crime, a right ? What 
is the effect of an acquittal ? What is treason against the State ? What 
is the penalty ? Define murder, and state the penalty therefor. What is 
murder in the second degree ? The penalty ? What is said of dueling ? 
Of challenges to fight duels ? To what parties does the law against duel- 
ing apply ? What is manslaughter ? The punishment therefor ? What 
is maiming ? What is the penalty therefor ? What is said of robbery ? 
Of malicious threats ? What is the penalty for compelling a woman to 
marry against her will ? What is the penalty for unlawfully imprisoning 
or carryiDg a person out of the State ? 



CIVIL GOVERNMENT. 121 



CHAPTER LII. 



OF CRIMES AND MISDEMEANORS, CONTINUED — ATTEMPTS TO 
POISON — TAKING OR ENTICING CHILDREN AWAY FROM 
PARENTS OR OTHERS — ABANDONMENT OF CHILDREN — 
CARELESS USE OF FIRE-ARMS. 

Mingling poison with food, drink or medicines; to take or 
to entice away any child under the age of twelve years, with in- 
tent to detain or conceal such child from its parent, guardian, 
or other person having the lawful charge of such child, are 
crimes punishable by imprisonment in the State Prison not 
more than ten years, or by imprisonment in the County Jail not 
more than one year, or by fine not exceeding one thousand 
dollars. 

Any person having a child under six years of age 
in charge, who shall expose such child in any street, field, 
town, or other place, with intent to abandon it, he or she 
shall be punished by imprisonment in the State Prison not 
more than ten years. 

Pointing a gun at another, intentionally, but without 
malice, subjects the offender to a fine of not less than five nor 
more than fifty dollars. If in such case the gun be dis- 
charged, without injury, the offender is liable to a fine of not 
less than one hundred dollars or imprisonment in the County- 
Jail not to exceed one year, or both, at the discretion of the 
Court. If death ensue from such discharge, the offence is 
deemed manslaughter. 

The statute makes provision for the punishment of per- 
sons who attempt to commit crime, even though they may 



122 CIVIL GOVERNMENT. 

fail to accomplish their purpose ; and such punishment is 
graded according to the gravity of the crime attempted. 



— What is said with reference to niiDgling poison with food, 
drink, or medicine ? Of enticing children away from parents or guard- 
ians ? Of the careless use of fire-arms ? Is there any punishment pre- 
scribed for attempting to commit crime ? 



CHAPTER LIII. 



OF OFFENSES AGAINST PROPERTY — BURNING BUILDINGS AND 
OTHER PROPERTY — HOUSE-BREAKING, &C. — LARCENY — 
RECEIVING STOLEN GOODS — EMBEZZLEMENT. 

Maliciously burning a dwelling-house of another in the 
night-time, if any person be lawfully within such house at 
the time, subjects the offender to imprisonment in the State 
Prison for life. If no person be in such house, or if the 
dwelling be burned in the day-time, the punishment is im- 
prisonment for any term of years, to be fixed by the Court. 
Maliciously burning in the night-time, any meeting-house, 
church, court-house, college, academy, jail, railroad depot, or 
other public building erected for public use ; or any bank- 
ing-house, warehouse, store, manufactory, or mill of another, 
being, with the property therein contained, of the value of 
one thousand dollars, subjects the offender to imprisonment 
in the State Prison for any term of years. If the burning be 
in the day-time, the imprisonment cannot exceed ten years. 

It is unlawful to burn any bridge, lock, dam, or flume, or 
any ship, boat, or vessel of another, or to burn any wood, 



CIVIL GOVERNMENT. 123 

lumber, fences, grain, or other vegitable product of another, 
or to burn any property to defraud insurance companies ; 
and in all such cases appropriate penalties are attached to a 
violation of the law. 

Breaking and entering a dwelling-house in the night, 
time, with the intent to commit any felony or larceny, is an 
offence, punishable by imprisonment in the State Prison not 
more thsfti twenty years. If the burglar is armed and assaults 
a person being lawfully in such house, it is deemed an aggra- 
vation of the offense. 

The breaking and entering of any dwelling-house, shop, 
store, railroad depot, warehouse, ship, boat, vessel, mill, 
school-house, or factory, with the intent to commit a felony or 
larceny, is deemed a State Prison offense, and when commit- 
ted in the night-time the act is deemed more heinous. 

Stealing from a dwelling or other building, or at a fire, 
or from the person of another, are deemed aggravated cases 
of larceny, and are punishable by imprisonment in the State 
Prison. Other cases of larceny, unless the value of the 
property stolen exceeds twenty-five dollars, are punishable by 
imprisonment in the county jail, or by fine; the penalty for 
a second, or any subsequent offense, being more severe. 

The buying, receiving, or concealment, of stolen prop- 
erty, knowing it to have been stolen, subjects the offender to 
imprisonment in the State Prison not more than five years, 
or by fine, not exceeding five hundred dollars, and imprison- 
ment in the county jail not more than one year. 

Persons, who, by virtue of their employment, come into 
possession of personal property, and appropriate it to their 
own use, are guilty of embezzlement, and may be punished 
by imprisonment in the State Prison, or by fine and imprison- 
ment in the county jail. 



124 CIVIL GOVERNMENT. 



-What is said of the burning of dwelling-houses in the 
night time? Of other buildings? Of the burning of bridges, locks, 
&c. ? What is said of breaking into and entering a dwelling-house in the 
night time ? Of breaking into other buildings ? Mention certain aggra- 
vated cases of larceny. What is said of buying, receiving, or concealing 
stolen property ? Of embezzlement ? 



CHAPTER LIV. 



OF CRIMES AND MISDEMEANORS. — FALSE REPRESENTATIONS 
AND PRETENSES. — DESTRUCTION AND FITTING OUT OF VES- 
SELS, WITH MALICIOUS INTENT. — MALICIOUS INJURIES. — 
BURGLAR'S TOOLS. — LARCENY IN OTHER STATES. — INJURIES 
TO SHADE TREES. — OF CERTAIN TRESPASSES. 

Every person who shall falsely personate another, and 
thereby receive property with the intent to convert it to his 
own use, is guilty of larceny. Obtaining property under false 
pretenses, or tokens, is an offense punishable by imprisonment 
in the State Prison not exceeding ten years, or by fine not 
exceeding five hundred dollars, or imprisonment in the county 
jail not exceeding one year. 

The willful destruction of vessels, with intent to injure 
another, is punishable by imprisonment in the State Prison 
not more than fifteen years. Fitting out vessels, with intent 
that they shall be destroyed, or to defraud the owner, or insurer; 
making a false invoice of cargo, with like intention; making, 
or procuring a false protest, with intent to injure or defraud 
any insurer, are deemed offenses, punishable by imprisonment 
in the State Prison, or by fine and imprisonment in the county 
jail. 



CIVIL GOVERNMENT. 125 

Malicious injuries to beasts, or other property ; willful 
trespasses, by cutting or destroying wood, timber, grain and 
fruits, are offenses which subject the offender to severe penal- 
ties, as will be seen by reference to Chapter 245 of the Com- 
piled Laws of 1871. 

It is an offense for a person to have in his possession 
tools that are adapted and designed for use in breaking open 
buildings, vaults, safes, or other depositories in order to steal 
therefrom, and subjects the offender to imprisonment in the 
State Prison not more than ten years, or to fine not exceed- 
ing one thousand dollars and imprisonment in the county 
jail not more than one year. 

Stealing property in another State and bringing it into 
this, subjects the offender to the same punishment as if the 
offense were committed in this State. 

Willful, or malicious injury to shade trees, where the 
damage amounts to twenty-five dollars, subjects the offender 
to imprisonment in the State Prison not exceeding five years, 
or by fine not exceeding five hundred dollars, or by im- 
prisonment in the county jail not exceeding one year, at the 
discretion of the court. 

The removal or disposition of mortgaged property, with 
intent to defraud the person owning the mortgage, is a mis- 
demeanor, and is punishable by fine not exceeding one hun- 
dred dollars, or by imp risonment in the county jail not ex- 
ceeding three months, or both. 

Willfully destroying or removing timber from the lands 
of another, amounting to twenty-five dollars in value, sub- 
jects the offender to imprisonment in the State Prison not 
more than one year, or by fine not more than five hundred 
dollars, or by imprisonment in the county jail not more than 
one year. If the value of the timber or trees so taken is less 
than twenty-five dollars, the fine cannot exceed one hundred 



126 CIVIL GOVERNMENT. 

dollars, or the imprisonment three months in the county jaiL 
To enter a vineyard during the months of August, Sep- 
tember, or October, and eat or carry away any of the fruit 
therefrom, without the consent of the owner or occupant, is 
an offense, and the penalty a fine of five dollars, or twenty 
days imprisonment in the county jail, or both. 



Questions. — What is said of falsely personating another? Of obtain- 
ing property under false pretenses? Of the destruction and fitting out of 
vessels with certain intent ? Of false invoice of cargo, or false protest? 
Of malicious injury to property? What is said of having burglar's tools 
in one's possession ? Of stealing property in another State, and bringing 
itijatothis? What of injuries to shade trees? Of the destroying or re- 
moval of timber from other's lands ? Of trespasses in vineyards ? 



CHAPTER LV. 



OF CRIMES AND MISDEMEANORS, CONTINUED. — OFFENCES UPON,. 
AND IN RELATION TO RAILROADS AND CARS. 

Any person who shall place upon any railroad any ob- 
struction, or loosen, or displace any rail of the track of such 
railroad, or do any other act, with intent to endanger the 
safety of any person traveling, or being upon such railroad, 
or to throw from such railroad any locomotive, tender, or car, 
moving along the track of such railroad on which shall be 
any person, or property, liable to be injured thereby, shall 
be punished in the State Prison for life, or for a term of 
years. 

Stealing from persons, or cars while detained on account 
of accident or injury to such cars or to a railroad, subjects the 



CIVIL GOVERNMENT. 127 

offender to imprisonment in the State Prison not exceeding- 
twenty years, or by fine not exceeding three thousand dollars, 
or both, at the discretion of the court. Maliciously uncoup- 
ling, or detaching the locomotive, tender, or cars of any rail- 
road train, or to aid, or abet in doing of the same, by per- 
sons not in the employ of the railroad company, subjects the 
offender to imprisonment in the State Prison, not exceeding 
ten years, or by fine not exceeding two thousand dollars, or 
both, at the discretion of the court. 

Seizing upon any locomotive with any express or mail 
car thereto attached, and running away with the same, upon 
any railroad, is a State Prison offense — term not to exceed 
ten years — or the offender may be fined not exceeding two 
thousand dollars, or both, as the court shall determine. 



Questions. — What is the law in relation to placing obstructions upon 
railroads? Of stealing from cars, or persons when detained, from injury, 
or accident ? Of uncoupling cars ? Of stealing locomotives ? 



CHAPTER LVI. 



OF FORGERY AND COUNTERFEITING. 

Forgery consists in making something in the likeness o 
something else, and designed to represent that which it is not. 
It is defined in the law books as the " making of any written 
instrument for the purpose of fraud and deceit." It may con- 
sist either in counterfeiting some writing or printed matter 
or in setting a false name to it, to the prejudice of another. 
If a signature to a paper be genuine, yet if the instrument 



128 CIVIL GOVERNMENT. 

written or printed over it is not authorized by the signer, the 
forgery may be complete ; or if the instrument be changed 
without authority, after it has been executed, such change 
may constitute a forgery. 

The forging of instruments, or records, designed to affect 
the legal rights of others, with intent to defraud or injure 
any person, subjects the offender, on conviction, to imprison- 
ment in the State Prison not more than fourteen years, or in 
the county jail not more than one year, depending upon the 
character of the instrument forged, and the circumstances sur- 
rounding the particular case. 

The tittering or publishing of forged instruments is pun- 
ishable the same as for the forgery. 

If any person shall have in his possession at the same 
time, ten or more similar false, altered, forged, or counterfeit 
notes, bills of credit, bank bills, or notes, payable to the 
bearer thereof, or to the order of any person, knowing the 
same to be false, altered or counterfeit, with intent to uttter 
the same as true, and to injure and defraud, he shall be pun- 
ished by imprisonment in the State Prison not more than 
seven years, or in the county jail not more than one year. 

Every person is liable to be punished by imprisonment 
in the State Prison not more than ten years, or by fine not 
exceeding one thousand dollars and imprisonment in the 
county jail not more than one year, who shall engrave 
make, or mend, any instrument, or shall provide any ma- 
terial adapted or designed for the forging of notes, certifi- 
cates, or other bills of credit, or the like, as specified in Chap- 
ter 246 of the Compiled Laws of Michigan of 1871, or who 
shall have such plates, or materials in his possession, with 
intent to use the same, or to permit them to be used in effect- 
ing such forgery. 

Counterfeiting gold or silver coin, or having five or more 



CIVIL GOVERNMENT. 129 

pieces of false money, or coin, knowing the same to be coun- 
terfeit, and with intent to utter or pass the same as true, shall 
be punished by imprisonment in the State Prison for life, or 
for any number of years. 

Any person having in his possession any number of 
pieces less than five, of counterfeit coin, knowing the same to 
be counterfeit, with intent to pass the same as true, or pass- 
ing, or offering to pass, any such coin, subjects the offender, 
on conviction, to punishment in the State Prison, not more 
than ten years, or by fine not exceeding one thousand dollars. 

The making, or knowingly having in one's possession, 
tools for making counterfeit money, with the intent to use 
them, or to permit them to be used or employed in coining 
or making counterfeit money, subjects the offender, on con- 
viction, to punishment in the State Prison not more than ten 
years, or by fine not exceeding one thousand dollars, and im- 
prisonment in the county jail not more than one year. 



Questions.— What is forgery? What is the penalty for forgery? 
What is meant by the uttering or publishing of forged instruments ? The 
penalty ? What of having in one's possession forged notes, bank bills, 
&c. ? W T hat provision is made with reference to making or mending im- 
plements for making counterfeit bills, &c. ? Of the law as to persons 
who have the possession of such tools ? What is the law with reference 
to the counterfeiting of coin ? Of having counterfeit coin in one's pos- 
session ? What is said of the possession or manufacture of tools for 
counterfeiting ? 



130 CIVIL GOVERNMENT. 



CHAPTER LVII. 



OF OFFENCES AGAINST PUBLIC JUSTICE. — PERJURY. — BRIBERY — 
ESCAPES OP PRISONERS. — DUTIES OF OFFICERS AND OTHERS 
IN ARRESTING OFFENDERS. 

If any person authorized by the statute of this State to 
take an oath, or if any person of whom an oath shall be re- 
quired by law, shall willfully swear falsely in regard to any 
matter or thing respecting which such oath is authorized or 
required, such person shall be deemed guilty of perjury. 

The punishment for perjury, if committed on the trial of 
treason against the State, is imprisonment in the State Prison 
for life, or any term of years, and if committed in any other 
case, by imprisonment in the State Prison not more than fif- 
teen years. 

Persons who procure others to commit perjury are sub- 
ject to the same penalty as those who commit perjury. If 
any person shall attempt, though unsuccessful, to induce a 
person to commit perjury, he shall be punished by imprison- 
ment in the State Prison not more than five years, or im- 
prisonment in the county jail not more than one year. 

To give, or to offer to any Legislative, Judicial, or Ex- 
ecutive officer any gift or gratuity, with intent to influence 
his official action, vote, or opinion, subjects the offender to 
imprisonment in the State Prison not more than five years, or 
by fine not exceeding three thousand dollars and imprison- 
ment in the county jail, not more than one year. 

To accept a bribe, by such officers, with the understand- 
ing that his vote, decision, or opinion, shall be given in a par- 



CIVIL GOVERNMENT. 131 

ticular manner, or upon a particular side of a question, sub- 
jects the offender to imprisonment in the State Prison not 
more than ten years, or by fine not exceeding five thousand 
dollars, and imprisonment in the County Jail not more than 
one year. 

The giving, offering to, or taking bribes, by jurors or 
others, not included in the preceding paragraphs, who act in 
an official capacity, is punishable by imprisonment in the 
State Prison not exceeding five years, or by fine not exceed- 
ing one thousand dollars, or by imprisonment in the County 
Jail not more than one year. 

Aiding persons lawfully imprisoned, or in custody, to 
escape, subjects the offender to severe punishment, depend- 
ing upon the nature of the offence with which the prisoner is 
charged, and the manner in which such assistance is render- 
ed. This punishment varies, and may be a fine not exceed- 
ing five hundred dollars, imprisonment, in the County Jail, 
not exceeding one year, and in some cases, imprisonment in 
the State Prison not exceeding seven years. 

Jailors and others, having the lawful custody of prison- 
ers, are liable for voluntarily, or negligently, permitting them 
to escape. If the act is willful, the officer is liable to suffer 
the like punishment as the person he permits to escape. 

Officers required to arrest offenders, or to serve any 
process, are subject to severe penalties and even imprison- 
ment, in some cases, for two years in the county jail, for re- 
fusing to make such arrest or serve such process. Sheriffs, 
Coroners, and Constables have a right to call upon any person 
or persons to assist them in the execution of their office, in 
.any criminal case, or in the preservation of the peace, or the 
arresting of any person for a breach of the peace, or in case 
of escape of persons arrested upon civil process; and to re- 
fuse such assistance, subjects the offender, on conviction, to 



132 CIVIL GOVERNMENT. 

imprisonment in the county jail not more than six months, or 
by fine not exceeding one hundred dollars. The same 
penalty may be incurred by refusing to obey a Justice of the 
Peace, who may order the arrest of persons guilty of a 
breach of the peace. 



Questions — What is perjury, under the statutes of Michigan ? What 
is the penalty? What is said of procuring, or attempting to procure 
others to commit perjury? What is the law in relation to bribery ? In 
relation to aiding prisoners to escape? Permitting them to escape? flow 
may officers be punished for ref asing to discharge certain duties ? What 
right have certain officers to assistance ? What is the penalty for a refusal 
to render such assistance, or to obey the order of a Justice of the Peace 
in relation to the arrest of disturbers of the peace ? 



CIVIL GOVERNMENT. 133 



CHAPTER LVIII. 



OF CERTAIN OFFENCES— FALSELY ASSUMING TO BE A PUBLIC 
OFFICER — CONCEALING OR COMPOUNDING OFFENCES — EX- 
TORTION BY OFFICERS — RESISTANCE TO OFFICERS — RIOTS 
— MOLESTATION OF LABORERS. 

If any person shall falsely take upon himself to act or 
officiate in any office or place of authority, he shall be pun- 
ished by imprisonment in the county jail not more than one 
year, or by fine not exceeding four hundred dollars. 

Persons having knowledge of the commission of crimes, 
who, for a consideration, conceal such knowledge, or who at- 
tempt to settle and compromise such offence, so as to prevent 
a prosecution for the same, may be punished therefor — the 
punishment being graded according to the nature of- the of- 
fence sought to be concealed or compromised, the highest 
punishment being imprisonment in the State Prison for five 
years. This, however, does not apply to cases of assault and 
battery, and other misdemeanors, where the settlement is ef- 
fected by the injured party, who would have a remedy by a 
civil action, for damages. 

Officers who willfully and corruptly demand and receive 
for their services more than the law allows, may be punished 
for such extortion, by a fine not exceeding one hundred dol- 
lars. 

Resistance to officers engaged in the discharge of their 
duties, is an offence, and subjects the offender to imprison- 
ment in the State Prison, not to exceed two years, or impris- 
onment in the county jail not to exceed one year, or fine 
not exceeding five hundred dollars. 
9 



134 CIVIL GOVERNMENT. 

The assembling together of persons to disturb the peace 
and quiet of the people, or to engage in any unlawful con- 
duct, is an offence. See Chapter 248, of the Compiled Laws 
of 1871. 

Persons, who, by threats, intimidations, or otherwise, 
without authority of law, interfere with and molest mechan- 
ics and other laborers in the quiet and peaceable pursuit of 
their avocations, may be punished by fine of not less than ten 
dollars, nor more than one hundred dollars, or by imprison- 
ment in the county jail not less than one month, nor more 
than one year, or by both fine and imprisonment, in the dis- 
cretion of the court. 



Questions. — What is the penalty for falsely assuming to be au officer? 
"What provision is made to prevent the concealing of crime ? What is the 
law in relation to extortion by officers? In relation to resistaDce to offi- 
cers ? What is said of riotous assemblies and of efforts to molest me- 
chanics and laborers while at work ? 



CHAPTER LVIX. 



OFFENSES AGAINST CHASTITY, MORALITY, AND DECENCY. 

Adultery, polygamy, lewd and lascivious cohabitation of 
persons not married to each other; indecent exposure of one's 
person; seduction, and the like, are offenses against the law. 
The punishment thereof will be found stated in Chapter 
249 of the Compiled Laws of Michigan. 

The ill effects of obscene books, or prints, upon the morals 
of those who allow themselves to read or even look upon 
them, is so apparent, that in most, if not all the States, 



CIVIL GOVERNMENT. 135 

heavy penalties have been provided for the punishment of 
those who distribute, or have in their possession, such books 
or prints. 

In this State it is provided that if any person shall im- 
port, print, publish, sell or distribute any book, pamphlet, 
ballad, printed paper, or other things, containing obscene 
language, or obscene prints, pictures, figures, or descriptions 
manifestly tending to the corruption of the morals of youth, 
or shall introduce into any family, school, or place of educa- 
tion, or shall buy, procure, receive, or have in his possession, 
any such book, pamphlet, ballad, printed paper, or other 
things, either for the purpose of sale, exhibition, loan, or 
circulation, or with intent to introduce the same into any 
family, school, or place of education, shall be punished by 
imprisonment in the county jail not more than one year, or 
by fine not exceeding one thousand 'dollars. 

If any person shall willfully blaspheme the holy name of 
God, by cursing or contumeliously reproaching God, he shall 
be punished by imprisonment in the county jail not more 
than six months, or by fine not exceeding- fifty dollars. 

If any person who has arrived at the age of discretion 
shall. profanely curse or damn, or swear by the name of God 
Jesus Christ, or the Holy Ghost, he shall, on conviction there- 
of, be punished by a fine not exceeding five dollars nor less 
than one dollar. 

Disturbing religious, or other meetings, where the citizens 
are peaceably and lawfully assembled, is an offense punishable 
by fine or imprisonment in the county jail. 

Provision has been made by law to punish those who, 
without legal authority, dig up, disinter, or remove the dead 
body of any human being. The penalty provided, is impris" 
onmeut in the State Prison not more than one year, or in the 



136 CIVIL GOVERNMENT. 

county jail nob more than one year, or by fine not exceeding 
two thousand dollars. 

Persons who engage in, or who aid, or encourage any 
prize-fight, are liable to be punished therefor by imprison- 
ment in the State Prison not exceeding five years nor less 
than one year, or by fine not exceeding two thousand dollars, 
or by both fine and imprisonment, at the discretion of the 
court. It is also unlawful to be present at such fight, or to 
give, or publish notice thereof, or to invite any person to 
attend such fight, under a penalty of imprisonment in the 
county jail, or in the Detroit House of Correction not exceed- 
ing one year, or a fine not exceeding five hundred dollars. 

Selling unwholesome provisions without notice of their 
character to the buyer ; adulterating food, liquors, drugs, or 
medicines, are offenses subjecting the offender to a fine or 
imprisonment in the county jail. 

Persons who sell poisons are required to affix to the vial, 
box, or parcel containing the same, a label which shall con- 
tain the true name of the article sold, and also the word 
" Poison." A failure to comply with this provision, subjects 
the offender to a fine not exceeding one hundred dollars. 
Persons selling poisons are also required, under a penalty 
not exceeding fifty dollars, to keep a record of the date of all 
such sales, the article and the amount thereof, and the per- 
son or persons to whom delivered, and their residence. 

If any person shall put the carcass of any dead animal,, 
in any place within one mile of the residence of any person 7 
except the same be buried at least two feet under ground, 
and permit the same to remain there to the injury or annoy- 
ance of the citizens, he shall, on conviction, be punished by 
a fine of not less than five nor more than ten dollars and 
costs. 



CIVIL GOVERNMENT. 137 

is. — What chapter of the Compiled Laws treats of offense 
against chastity ? What provision of law is made with reference to ob- 
scene books and prints ? What is the law in relation to blasphemy ? 
The penalty for profane swearing ? For disturbance of meetings, &c. ? 
For violation of sepulture? For injuring tombs and memorials of the 
dead ? What is the law in relation to prize fighting ? Selling unwhole- 
some provisions? Adulterating food, liquors, &c. ? What provision is 
made concerning the selling of poisons ? In relation to the burial of dead 
animals ? 



CHAPTER LX. 



-OF OFFENSES AGAINST PUBLIC POLICY. — LOTTERIES. —TELE- 
GRAPHIC MESSAGES. — OFFENSES AGAINST ELECTION LAWS. — 
CRUELTY TO ANIMALS. 

It is unlawful to set up and promote, or in any way to 
aid or be concerned in setting up, managing or drawing of 
any lottery, or gift enterprise, or to sell tickets therefor; and 
it is provided that persons guilty of such offense shall be 
punished by a fine not exceeding two thousand dollars, or by 
imprisonment in the county jail not more than one year. 

Telegraphic Messages. — Any person connected with any 
telegraphic company in this State, who shall willfully divulge 
the contents, or the nature of the contents of any private 
communication intrusted to him or her, for transmission or 
delivery, or who shall willfully refuse or neglect to transmit 
or deliver the same, shall, on conviction therefor, suffer im- 
prisonment in the county jail, or work-house in the county 
where such conviction shall be had, for a term not more than 
three months, or shall pay a fine not to exceed five hundred 
dollars, in the discretion of the court. 

Offenses Against Election Laics. — Officers who willfully 
.neglect their duties under the election laws, or who are guilty 



138 CIVIL GOVERNMENT. 

of corrupt conduct in executing the same, are liable to im- 
prisonment in the State Prison not exceeding three years, or 
to a fine not exceeding one thousand dollars. 

Persons who by any corrupt means attempt to influence 
an elector in giving his vote are liable to a fine not exceed- 
ing five hundred dollars, or to imprisonment in the county 
jail not exceeding one year, or both, as the court shall direct. 

Persons who vote without a legal right to do so, and per- 
sons who attempt to persuade others to vote when they have 
no legal right to vote, may be fined, not exceeding five hun- 
dred dollars, or by imprisonment in the county jail not 
exceeding one year, or both, in the discretion of the court. 

Persons unlawfully interfering with any ballot box, dur- 
ing the progress of an election, and before the ballots are 
counted and the result declared, or who shall fraudulently or 
forcibly add to or diminish the number of ballots legally de- 
posited, and all persons aiding or abetting therein, shall be 
adjudged guilty of a misdemeanor, and on conviction thereof? 
shall be punished by imprisonment in the State Prison for a 
term not exceeding ten years, orb^a fine not exceeding one 
thousand dollars. 

Cruelty to Animals. — Persons guilty of cruelty to ani- 
mals may be punished by imprisonment in the county jail 
not exceeding one year, or by fine, not exceeding two hun- 
dred and fifty dollars, or both. Such cruelty may consist in 
over-driving, over-loading, want of food, drink, or shelter, 
want of protection from the weather, beating or mutilating, 
or in any other way by which the animal is tortured or tor- 
mented. 

Keeping a place for the purpose of fighting or baiting 
animals, is a misdemeanor. 

The law forbids the carrying of live animals with their 
legs tied together, or in any cruel and inhuman manner. 



CIVIL GOVERNMENT. 139 

Railroad companies are not permitted to keep live ani- 
mals in their cars for a longer period than twenty-eight con- 
secutive hours, without unloading them for rest, w T ater, and 
feeding, for a period of at least five consecutive hours, unless 
prevented from so unloading, by storm, or other accidental 
cause. 

Setting Fire to Woods, &c. — Every person who shall will- 
fully or negligently set fire to any woods, prairies, or grounds, 
not his own property, or shall willfully or negligently permit 
any fire to pass from his own woods, prairies or grounds, to 
the injury or destruction of the property of any other person, 
may be fined not exceeding one thousand dollars, or be im- 
prisoned in the county jail not exceeding one year, or both, 
in the discretion of the court; and shall be liable to the party 
injured in double the amount of damages sustained. 



Questions.— What is the law as to lotteries? Disclosing of the con- 
tents of telegraphic messages? What is the punishment for negligence or 
corruption on the part of election officers ? For improperly influencing 
voters ? For voting without legal author.ty, or attempting to persuade 
others to do so ? What is said as to interfering with the ballot box ? What 
is the penalty for cruelty to animals ? Mention some of the acts or omis- 
sions constituting cruelty. What is said as to the manner of carrying ani- 
mals ? What is required of railroad companies carrying live stock ? 
State what is said as to setting fire to woods, prairies, or other grounds. 



CHAPTER LXI. 



DOMESTIC RELATIONS. 

Marriage and Divorce. — If otherwise competent, males 
eighteen years of age, and females sixteen years of age, are 
deemed capable in law of contracting marriage. 



140 CIVIL GOVERNMENT. 

No man shall marry his mother, grandmother, daughter, 
granddaughter, stepmother, grandfather's wife, son's wife, 
grandson's wife, wife's mother, wife's grandmother, wife's 
daughter, wife's grand daughter, nor his sister, brother's 
daughter, sister's daughter, father's sister, or mother's sister. 

No woman shall marry her father, grandfather, son, 
grandson, stepfather, grandmother's husband, daughter's 
husband, granddaughter's husband, husband's father, hus- 
band's grandfather, husband's son, husband's grandson ; nor 
her brother, brother's son, sister's son, father's brother, or 
mother's brother. 

No marriage shall be contracted whilst either party has 
a former wife or husband living, unless the marriage of such 
former wife or husband shall have been dissolved. 

No white person shall intermarry with a negro. 

Marriages may be solemnized by Justices of the Peace 
and Ministers of the Gospel ; or, so far as relates to the man- 
ner, may be solemnized according to the usages of any society 
or denomination. 

Divorce. — All marriages prohibited by law on account of 
the relationship of the parties, or on account of either of 
them having a former wife or husband living ; all marriages 
solemnized while either party was an idiot or insane ; all 
marriages between a white person and a negro, if solemnized 
within this State ; all marriages solemnized when either party 
was under the age of legal consent, if they shall separate 
during such nonage, and not live together afterwards, or in 
case the consent of one of the parties was obtained by force 
or fraud, and there shall have been no subsequent voluntary 
cohabitation of the parties, shall be deemed void without any 
decree of divorce. 

A sentence to imprisonment for life, of either party, dis- 
solves the marriage, without anv decree of divorce. 



CIVIL GOVERNMENT. 141 

The following are recognized by our statute as grounds 
for granting a divorce, to the aggrieved party : 

First Adultery ; 

Second. Physical incompetency ; 

Third. Sentence of one of the parties to imprisonment 
for three years or more ; 

Fourth When either party shall desert the other for a 
term of two years ; 

Fifth. When either party shall have become an habitual 
drunkard. 

And the court may, in its discretion, grant a decree of 
divorce for the cause of extreme cruelty, or, on the complaint 
of the wife, where the husband neglects or refuses to support 
her, being able to. furnish such support. The court will not 
grant a divorce to a party who is shown to be guilty of the 
same crime or misconduct charged against the defendant. 

During the pending of a suit for divorce, the court has 
power to make such order concerning the care and custody 
of the minor children and for the support of the wife by the 
husband as shall seem suitable and proper; and when a decree 
is granted, the court makes such order as to the future care 
of the children and support of the wife as shall appear just 
and proper, under all the circumstances. 

When the marriage is dissolved, on account of the im- 
prisonment of the husband, adultery by the husband, mis- 
conduct, or habitual drunkenness of the husband, the wife 
shall be entitled to her dower in his lands, the same as if he 
were dead. 

The court has power to grant a divorce from bed and 
board, without dissolving the marriage, in cases where the 
ground of complaint is extreme cruelty, or the neglect of the 
husband to support the wife. 



142 CIVIL .GOVERNMENT. 

Questions. — At what age may parties contract marriage? Who shal? 
not intermarry? Who may solemnize marriages? What marriages are 
void without a decree of divorce ? What are recognized as grounds for a 
divorce, under the laws of Michigan? When will the court not grant a 
divorce ? What is said of the care and support of minor children, and of 
the wife, in divorce cases? la what cases does the wife, when divorced, 
retain a dower interest in her husband's estate? For what cause may a 
divorce from bed and board only, be granted ? 



CHAPTER LXIL 



OF THE DOMESTIC RELATIONS, CONTINUED. — HUSBAND AND- 
AVIFE. — RIGHTS OF MARRIED WOMEN. 

It is the duty of the husband to maintain and support 
his wife ; and in case he abandon her and leave the State 
without sufficient provision for her support, the Probate 
Court may authorize her to sell his personal property, and 
collect moneys or other property due and belonging to him,, 
and to use the same as her own. 

A married woman may dispose of her property the same 
as if she were unmarried, and may make and enforce con- 
tracts for the purchase or the sale of property. Her prop- 
erty is not liable for the debts of her husband. She may sue 
and be sued, in relation to her separate property, without 
joining her husband in such suit; and may carry on business 
ia her own name. 

While the husband is liable for the support of his wife,, 
that is, for necessaries furnished her, he is not liable upon 
her contracts for other things. 

The wife may mortgage her property to secure a debt of 



CIVIL GOVERNMENT. 143 

her own, or that of another person, but a note signed by her 
as surety, cannot be enforced against her. She may, how- 
ever, buy goods for use in her husband's family, and be liable 
therefor, provided the goods were purchased with the under- 
standing that she should pay for them. She may insure her 
life for the benefit of her husband, or her husband's life for 
her own benefit. 

A mortgage, given by the husband, upon the homestead, 
or other property exempt by law from sale on execution, is 
invalid unless signed by the wife. 

Where property of the husband has been taken from him 
on a mortgage, invalid for want of her signature, or upon an 
execution, where the property was not subject to levy, the 
wife may bring suit to recover the same, in her own name. 

The widow of every deceased person is entitled to 
dower, or the use, during her natural life, of one-third part of 
all the lands whereof her husband was seized of an estate of 
inheritance, at any time during the marriage, unless she has 
conveyed the same away, or unless she has entered into an 
agreement to accept a certain consideration in lieu of -dower. 

Provision is made by law, for an allowance out of the 
husband's personal estate for the support of the widow and 
children, until such estate can be settled. 



Questions. — What is required of a married man as to the support of 
his wife ? In case he abandons her, what provision is made by law as to 
her support ? What rights has a married woman concerning property and 
the making of contracts ? With reference to suits ? For what is the hus- 
band not liable ? What is said of her right to be surety for another ? 
Of her liability for goods furnished to her for fie family ? Of her right 
to insure the life of herself or husband ? What mortgages are invalid 
without her signature ? What property of her husband may she recover 
by suit ? What is said of dower ? Of an allowance out of the personal 
property of a deceased husband ? 



144 CIVIL GOVERNMENT. 



CHAPTER LXIIL 



GOVERNMENT OF THE UNITED STATES. 

COLONIAL GOVERNMENTS — GOVERNMENT UNDER THE ARTICLES 
OF CONFEDERATION — ORGANIZATION OF THE FEDERAL 
GOVERNMENT. 

In the early history of this country the people were sub- 
jects of the British Empire. Extensive grants of territory 
were conferred upon individuals and companies. Some of 
these grants conferred certain powers of government. Out 
of these grants Colonies were organized, with charters sx^eci- 
fying what governmental powers might be exercised. They 
authorized the establishment of Legislatures to make laws for 
the government of the people, provided such laws should not 
conflict with the laws of the British Parliament. 

Governors for the Colonies were appointed by the King 
of England, in whom was vested executive authority. 

The Colonies, while subject to Great Britain, were en- 
tirely independent of each other. 

In course of time the British Government became exact- 
ing and oppressive towards the Colonies, denying them many 
of the privileges that had been granted by their charters. 

In 1765, at the request of the Massachusetts Legislature, 
the different Colonies sent representatives, or delegates to 
meet in convention to counsel together concerning their diffi- 
culties with the British Government. In the same year dele- 
gates from nine Colonies met in New York, and agreed upon, 
and signed petitions and memorials representing their grounds 
of complaint, and forwarded them to the King. 



CIVIL GOVERNMENT. 145 

September 5, 1774, delegates from eleven of the Colonies 
met at Philadelphia. This body was called the Continental 
Congress. It adjourned in October, to meet again in May, 
1775. Various measures were adopted designed to protect 
the people against the encroachments of the mother country, 
and on the 4th of July, 1776, Congress declared the Colonies 
to be free and independent States. 

Thus far, no provision had been made for incorporating 
the States into one nation for the purposes of government ; 
but believing it to be necessary for their mutual protection 
and safety, in November, 1770, a plan of union was agreed 
upon. This plan was set out in a writing called, " Articles 
of Confederation and perpetual union between the States," 
and was to become operative, that is, go into effect when 
adopted by the Legislatures of all the States. 

In 1778, the articles were adopted by eleven of the- 
States; in 1779, by one, and by the thirteenth and last, in 
1781. So that, on the 23d of March, 1781, the new govern- 
ment went into operation, under the name of the United 
States of America. 

It was soon found that the Articles of Confederation did 
not confer sufficient power upon the National Government, to 
make it effective. Its powers were vested in Congress ; and 
no provision had been made for an executive, or judicial de- 
partment. It could pass laws, but could not enforce them. 
It could determine how many men and how much money each 
State should furnish to carry on the war, but it was left for 
the States to execute the law. If they refused, there was no 
law to compel them to comply. To defray the expenses of 
the war, Congress borrowed large sums of money ; several 
millions of which was from Holland and France. 

Another difficulty arose from the fact that different States* 



146 CIVIL GOVERNMENT. 

enacted laws giving their own citizens undue advantages over 
the citizens of other States. 

To enable the National Government to control, in need- 
ful cases, the action of the States, it was found necessary to 
confer greater powers upon it. So, in May, 1787, delegates 
chosen by all the States, except Rhode Island, assembled at 
Philadelphia, and adopted our present constitution. This 
was submitted to the people of the States for their approval. 

The people chose delegates in each State to attend State 
Conventions, with power to approve or reject the proposed 
constitution. These Conventions approved the constitution* 
and thus our present Government was established. 

The Constitution of the United States may be said to be 
an agreement of the different States with each other, as to 
the form and powers of the National Government. It con- 
fers certain powers of government and control over the 
States and the people of the United States. Hence, we refer 
to the Constitution and the Government as the Federal Con- 
stitution, or the Federal Government. 



— Of what Government were the people of this country 
formerly subjects? What is said of the organization of Colonies? Who 
appointed the Governors ? What action was taken by the Colonies in 
17G5? In 1774? In 177G ? In 1770? When were the Articles of Con- 
federation adopted ? What powers had the Government under the Articles 
of Confederation ? What was the occasion for a change in the govern- 
ment? How, and when was this change effected? What is said of the 
Constitution of the United States ? 



CIVIL GOVERNMENT. 147 



CHAPTER LXIV. 



GOVERNMENT OF THE UNITED STATES, CONTINUED. — THE EX- 
ECUTIVE DEPARTMENT. — THE DIFFERENT SECRETARIES, 
AND THEIR DUTIES. 

For the mode and manner of electing President and 
Vice President, the student is referred to Chapter XII, of 
this volume. 

The Executive Department of the Government is vested 
in the President. The duties of the President and Vice 
President, are similar to those of the Governor and Lieuten- 
ant-Governor of a State. The President appoints the offi_ 
cers necessary to assist him in executing the laws. 

Most of the executive business is done through depart- 
ments; and each department has a head officer, called a Sec- 
retary. 

The Secretary of State performs for the National Gov- 
ernment, duties similar to those performed by the State Sec- 
retaries, for the States; and in addition thereto, he has 
charge of our affairs with foreign nations, and gives direc- 
tions, under the President, to our foreign Ministers and 
Consuls. 

The Secretary of the Treasury has charge of, and con- 
ducts the financial affairs of the Government. Amongst 
other things, it is his duty to attend to the collection of funds 
for the support of the Government ; to make out and report 
to Congress, estimates of the public revenues and expenses, 
and to inform that body what appropriations will be needed 
for the use of the Government. 



148 CIVIL GOVERNMENT. 

The Secretary of War has charge of the Military De- 
partment. 

The Secretary of the Navy has the charge of the busi- 
ness relating to the Navy. 

The Attorney General is the legal adviser of the Presi- 
dent and heads of the various departments, and prosecutes 
suits in the Supreme Court of the United States. 

The Postmaster General has the general supervision of 
postoffices, and of the carrying and distributing of the mails. 

The Secretary of the Interior has charge of the Indian , 
land, pension, and patent matters. 

The heads of these several departments constitute the 
President's Cabinet, and are his counsellors and advisors. 



-In whom is the Executive Department of the United 
States vested ? Does the President execute the laws in person ? How 
does he execute them ? Name the chief department officers. What are 
the duties of each ? 



CHAPTER LXV. 



GOVERNMENT OF THE UNITED STATES, CONTINUED. — LEGISLA- 
TIVE DEPARTMENT. 

The Legislative Department is vested in Congress, con- 
sisting of two bodies : a Senate and House of Representatives. 

The Senate has two members from each State, who are 
elected for six years. 

The Vice President is the presiding officer of the Senate. 

The advice and consent of the Senate is necessary for the 
appointment of many of the officers of the Government. 



CIVIL GOVERNMENT. 149 

When charges are preferred against certain officers of 
the United States, the Senate tries them; and when sitting 
for that purpose, is a Court of Impeachment. The Chief 
Justice of the Supreme Court presides on such occasions. 

In matters of legislation, the proceedings of the two 
Houses of Congress, are similar to those of the two branches 
of the State Legislature, as described in Chapter XIY, of this 
volume. The members of the House of Representatives 
hold their offices for two years. The States are divided into 
districts, and a member is elected in each district. 

The powers of Congress, are delegated to it by the Con- 
stitution ; and in this respect it differs from the State Legis- 
latures. The State Constitutions prescribe and indicate what 
the Legislatures may not do; the Federal Constitution de- 
clares what Congress may do. Hence, in determining whether 
an act of Congress is constitutional, the question is, " Does 
the Constitution authorize the act ?" — and in determining 
whether an act of a State Legislature is constitutional, the 
question is, " Does the Constitution forbid it ?" 



. — In what body is the Legislative Department of the Gov- 
ernment vested ? How many members has the Senate ? Mention some of 
the duties of the Senate, not pertaining to the ordinary matters of legis- 
lation ? How are members of the House elected ? How long is their term 
of office ? What is said of the powers of Congress ? In what respect do 
the powers of Congress differ from the powers of the State Legislatures ? 
What is the test of the constitutionality of an act ? 



150 CIVIL GOVERNMENT. 



CHAPTER LXVI. 



GOVERNMENT OF THE UNITED STATES, CONTINUED. — THE JU- 
DICIAL DEPARTMENT. 

The Federal Constitution provides that the judicial 
power of the United States shall be vested in one Supreme 
Court, and such inferior courts as Congress may, from time 
to time, establish. It also enumerates the duties and powers 
of these courts. 

The Supreme Court consists of nine members. 

The United States is divided into ten Circuits, and a 
Judge is appointed in each Circuit. The Circuit Courts re- 
vise the decisions of the District Courts, and in addition to 
certain civil causes they may try, they have jurisdiction for 
the trial of the highest crimes against the United States. 
When a Justice of the Supreme Court of the United States 
is present at a Circuit Court, he presides. The Judge of a 
District Court sometimes sits with the Circuit Judge, in 
which case the Circuit Judge presides. 

District Courts are established throughout the United 
States. In each State there is at least one District Court. 
This Court has jurisdiction in admiralty, bankruptcy, and 
many other cases. It also has jurisdiction over offenses 
against the laws of the United States. 

In addition to these, Congress has established a Court of 
Claims, for the adjudication of claims against the Government. 



-What provision is made in the Constitution for the estab- 
lishment of Courts ? Of how many members is the Supreme Court com- 
posed ? How many Circuit Courts are there in the United States ? What 
is said of the jurisdiction of Circuit Courts ? What Judge presides in the 
Circuit Court ? What is said of the establishment of District Courts ? 
Of their jurisdiction ? Of the Court of Claims? 



APPENDIX. 



DEFINITION OF CERTAIN WORDS, AS USED IN THIS VOLUME 

Abscond, to hide, or secrete one's self. 

Acquiescence, compliance, consent. 

Action, legal demand of one's rights, in Court, or, a crim- 
inal prosecution. 

Adjust, to regulate; put in order. 

Adhering, to remain with, to take sides with. 

Administer, to supply, to act as an agent in doing a 
thing, or, enforcing a law or the like. 

Administration, the act of administering. 

Admissibility, proper, or worthy to be admitted. 

Adulterating, corrupting, polluting, debasing. 

Adultery, sexual intercourse between a married person 
and one to whom such person is not married. 

Affidavit, an oath in writing. 

Affirmation, confirmation, declaration. 

Affirm, to declare, tell or endorse confidently. 
■ Aforesaid, said before, named before. 

Aggregate, the sum or result of various particulars. 

Agreement, compact, bargain. 

Agriculture, tillage, husbandry, cultivation of the soil. 

Alderman, an officer of an incorporated town, an incorpo- 
rated magistrate. 

Alien, a foreigner who has not been naturalized. 

Allegiance, the duty of a subject. 

Allegations, affirmations, statements or pleas. 

Appropriate, to assign to any particular use, to make use 
of. 

Apportion, to divide into just parts. 

Appurtenance, that which belongs to something else. 



152 APPENDIX. 

Apprentice, one bound to serve a tradesman. 

Appendix, addition, supplement. 

Apparent, plain, evident, certain. 

Apparatus, tools or instruments for any trade. 

Artificial, made by art, not natural. 

Arms, weapons. 

Assault, to attack, invade. 

Assemble, to meet together, or call together. 

Assign, to make out, transfer. 

Atrocious, wicked, heinous, enormous. 

Avocatioji, employment. 

Bailee, one to whom goods are entrusted. 

Battery, an unlawful touching of another's person. 

Beverage, liquor for drinking to gratify appetite, or 
quench thirst. 

Breach of trust, misappropriation of a thing that has 
been intrusted to another in confidence. 

Bind out. These words refer to the agreement by 
which a person is held to service by another. 

Board, several persons united to discharge some duty 
prescribed by law. 

Body Politic, the people united together for the purpose 
of government. 

Candidate, one who asks for a place. 

Certify, to give certain information. 

Certiorari, to be certified to — the name of a writ com- 
manding an inferior court to certify and return the record of 
its proceedings to a higher court. 

Chancery, a court of equity and conscience. 

Character, one's moral state or condition, reputation. 

Charter, a privilege granted by the government. 

Civilized, polished, improved, civil. 

Classify, to range in order, grade, or rank. 

Classification, the act of forming into classes. 

Cohabitation, living together. 

Command, to order, govern, overlook. 

Community, the body politic. 

Commutation, alteration, to exchange, or substitute, one 
thing for another. 

Compensation, recompense. 

Committed, sent to prison. 



APPENDIX. 153 

Complaint, an accusation. 

Confederation, a compact for mutual support or protec- 
tion. 

Conferred, bestowed. 

Conflict, disagreement. 

Convention, an assembly of persons. 

Conjunction, union. 

Consecutive, following in regular order. 

Conscientious, just; exact; disposition to be and do 
right. 

Contagious, infectious, catching. 

Contumeliously \ with reproach, contempt, insolently 

Convene, to call together; to assemble. 

Contract, bargain ; agreement. 

Costs, expenses of a suit, which may be recovered from 
the losing party. 

Crime, an offense against public law. The word is gen- 
erally used to indicate a felony, that is, a State Prison offense. 

Cultivate, to improve. 

Deceased, departed from life, dead. 

Decrepit, wasted and worn by age. 

Deem, to judge ; to conclude ; to think. 

Deface, to destroy, to raze, to disfigure. 

Default, an omission, defect, failure. 

Defendant, the person prosecuted. 

Defraud, to rob by a trick ; to cozen. 

Delegate, an agent, to depute, commissioner. 

Deliberate, to consider with care. 

Dependant, reliance upon, or in the power of another. 

Designate, to point out, to distinguish. 

Department, separate office ; a division of the govern- 
ment. 

Descent, coming down, derivation, or from an ancestor. 

Detention, the act of detaining, restraining. 

Diagram, a figure or drawing. 

Diploma, a document conferred by an educational insti- 
tution, certifying to a degree of attainment or advancement 
in scholarship. 

Discipline, to educate, to keep in order. 

Discretion, prudence, liberty of action. 

Disfigure, to deform, deface, mangle. 



154 APPENDIX. 

Division, to divide, to set apart. 

Domestic, belonging to the house, or home, or family. 
Draft, to draw by lot ; also, a bill drawn on another for 
money. 

Duplicate, an exact copy of anything. 
Duress, imprisonment or restraint. 
Effective, able, efficient, active. 
Elector, [see page 22.] 

Eligible, fit to be chosen, possessing the requisite legal 
qualifications. 

Enactment, to establish by law. 
Encroachment, intruding upon the rights of others. 
Ensue, to follow, to succeed. 
Entitled, having a right to. 
Equity, justice, right, honesty, impartiality. 
Equitable, in an impartial manner. 
Erection, a building. 

Escheat, property that falls to the State, for want of any 
person to inherit it. 

Essential, necessary, very important. 
Established, settled, firmly fixed, located. 
Estate, the interest or right one has in a thing, property. 
Estate of inheritance, a perpetuity in lands to a man and 
his heirs; or it is the right to succeed to the estate of a per- 
son who died without having made a will. 

Estimate, to rate, to set a value, or price upon ; to calcu- 
late. 

Exacting, to force ; to extort ; to enjoin. 
Exempt, to free from ; to privilege. 
Extraordinary, not common, unusual. 
Expedient, proper, convenient, ficness. 
Facilitate, to make clear, or easy. 

Federal, pertaining to an agreement between parties, t? 
compact. 

Felony, a crime punishable by death, or imprisonment in 
the State Prison. 

Filed, deposited with the proper officer. 
Fisheries, a place for propagating fish. 
Flume, the passage or channel for the water which pro- 
pels the wheel of a mill. 

Forfeit, a penalty for an offense. 



APPENDIX. 155 

Forfeiture, the act of forfeiting ; a fine. 

Foreigners, persons of other countries. 

Fraudulently, by fraud, treacherously. 

Freeman, one who enjoys liberty, or one who is not sub- 
ject to the will of another ; one who enjoys, or is entitled to, 
a franchise, or privilege. 

Fuel, material used for fire. 

Fundamental, foundation, original, essential. 

Govern, to control, or regulate. 

Grade, rank, to arrange by degrees. 

Grant, gift, to bestow, a conveyance. 

Guest, visitor, one entertained. 

Guide, to direct ; as a noun it is one who directs. 

Guide-board, a board containing directions to travelers. 

Guide-post, a post containing directions to travelers. 

Habitually, customarily, by habit. 

Heirs, one who inherits by law, a successor. 

Heinous, very wicked, atrocious. 

Householder, the head of a family in possession of a 
house. 

Hospitality, liberality in entertaining. 

Impeachment, a written accusation by the House of Rep- 
resentatives of the United States to the Senate of the United 
States against an officer. The lower Houses of State Legisla- 
tures also present articles of impeachment to the Senates 
against State officers for misconduct. 

Importation, act of bringing from abroad, from without 
the State. 

Incorporated, [see page 55.] 

Infantry, the foot soldiers of an army. 

Inheritance, [see estate of inheritance.] 

Interest, that wmich is paid for the use of money. 

Indigent, poor, having but little, if any property. 

Infirmity, weakness, failing, disease. 

In transitu, Things are in transitu during their removal 
from one place to another. 

Invasion, the entry of a country by a public enemy, mak- 
ing war. 

I)isurrection, a rebellion of citizens, or subjects of a coun- 
try against its government. 

Inscription, a title, name, or character. 



156 APPENDIX. 

Incur, to become liable to. 

Issue, the point or question in controversy between con- 
tending parties. 

Infected, tainted, poisoned, polluted. 

Invalid, without legal force, or effect. 

Impotent, incapacity to propagate the species. 

Installment, the act of a debt due at different times. 

Inhabitant, one who has a fixed residence in a place. 

Inserted, placed among other things. 

Instituted, established, fixed. 

Jurisdiction, legal authority, a district. 

Juvenile, youthful, young. 

Juggler, one who plays tricks. 

larceny, stealing, theft. 

lascivious, lustful, lewd. 

Levy, the act of raising money or men ; to collect. 

Lewd, disposition for lust. 

Libel, a defamatory publication, satire. 

Lien, a charge upon property, for the payment of a debt. 

License, an authority given to do an act, which without 
such authority would be illegal. 

Lieu, in place of, in stead of. 

Limitations, restrictions. 

List, a roll, or catalogue. 

Lock, the barrier, or works which confine the water of a 
stream or canal. 

3Iagazine, a store-house. 

Maliciously, with the spirit and intention of harm and 
mischief. 

Mayor, chief magistrate of a city. 

Maim, to wound, cripple. 

Malice, a spirit desiring harm, without just cause. 

Memorial, something to preserve memory. 

Mechanical, skilled in mechanics. 

Menace, to threaten. 

Minor, one not of legal age to make a binding contract. 

Mile-board, a board on which distances are indicated. 

Mile-stone, a stone on which distances are indicated. 

Misdemeanor, an offense less heinous than crime. 

Monument, a pillar, statue or other thing, to perpetuate 
the memory of a thing or person ; a landmark. 



APPENDIX. 157 

Mountebank, a quack, a stage doctor. 

Mustering, assembling, reviewing, collecting, or register- 
ing forces. 

Municipal, belonging to a corporation. 

Mode, form, fashion. 

Moral, just, honest, upright. 

Natural Science, the science of nature, as distinguished 
from the art or skill of man. 

Native. All persons born in the United States are con- 
sidered as natives. 

Negotiable, that which may be transferred by assign- 
ment. 

Non-resident, one who does not reside on his own lands. 

Nuisance, something noxious, or offensive. 

Oath, a solemn affirmation which God is called upon to 
witness. 

Obligation, agreement, contract, bond. 

Offal, waste meat, refuse, unfit for use. 

Office, a public employment. 

Officer, one engaged in a public employment. 

Offense, transgression ; injury ; violation of law. 

Operative, having the power of acting. 

Organized, formed, arranged. 

Pardon, forgiveness, remission. 

Parental, pertaining to parents. 

Pauper, a poor person who receives alms, or is supported 
at the public charge. 

Pecuniary, pertaining to money. 

Personate, to counterfeit, to represent. 

Petition, to supplicate, to solicit. 

Pertain, to belong, to relate. 

Penalty, a punishment, forfeiture. 

Permanent, lasting, unchanged. 

Personal Property, temporary and movable property. 

Perjury, [see page 130.] 

Petitions, requests, entreaties. 

Plaintiff, the party who commences a suit. 

Plurality, a greater number than some other, but not a 
majority of all. 

Polygamy, having more than one wife, or husband. 

Premeditated, to think beforehand. 



158 APPENDIX. 

Preceding, to go before in rank or time. 

Prescribe, to order, direct. 

Principal, chief. 

Provocation, a cause of anger. 

Provided, stipulated as a condition, on condition. 

Prior, antecedent, former, anterior. 

Proving, evincing, ascertaining as truth. 
• Professional, relating to a profession. 

Propagate, to generate, increase. 

Process, a writ issued out of a court. 

Proficiency, improvement. 

Protest, a declaration against a thing ; a written declara- 
tion of the master of a vessel that an injury to it was not oc- 
casioned by his fault. 

Puppet-Show, mock play by images. 

Quorum, a sufficient number to transact business. 

Qualified, made fit ; accomplished. 

Range, to place in order ; ranks. 

Peal property, lands. 

Rebellion, insurrection by the people against their own 
country. 

Reproaching, censuring, upbraiding. 

Reclaim, reform, correct, recall. 

Relatively, having relation to something else. 

Relevant, relative to, relating to. 

Restrain, to withhold, repress, limit. 

Reprieve, to respite from punishment. 

Resident freeholder, one who resides on an estate of in- 
heritance, or for life. 

Resort, to go to, or repair to ; a place of assembling. 

Resource, an expedient, a resort. 

Renounce, disavow. 

Resident, dwelling in a place. 

Representations, representing, describing, showing. 

Restrictions, confinement, limitations. 

Revenues, income of a State, duties, taxes. 

Secular, pertaining to worldly matters. 

Second, a supporter, next to the first 

Sepulture, interment, burial. 

Seize, to take forcible possession of. 

Seized, taken forcible possession of; to be possessed of. 



APPENDIX. 159 

Shute, a passage for fish through a dam, or lock. 

Site, situation, local position. 

Signature, mark, sign, written name. 

Slander, false report, to back-bite, to scandalize. 

Specific, definite, particular quality, or sort. 

Spawn, the eggs of fish. 
^Subdivided, divided again. 

Subject, one owing allegiance to a Sovereign or Govern- 
ment. 

Subordinate, inferior in order. 

Survey, to view, measure, examine. 

Surrender, to yield, to give one's self up. 

Supervisor}/, to oversee, as an overseer, a superintendent. 

Suppression, the act of subduing, or crushing. 

Surplus, excess, remainder. 

Swivel-gun, a small cannon, carrying a shot of half a 
pound, made to turn in a swivel or socket, in any direction. 

Tax, toll, tribute, impost, custom, or contribution for the 
service of the State. 

Testimentary , pertaining to a will. 

Territorial, pertaining to territory. 

Temporary, transient, for a short time. 

Token, mark, sign. 

Tribunal, court of justice. 

Tribe, a certain generation of people. 

Treason, [see page 118.] 

Trespass, unlawful entry upon the lands of another ; to 
intrude upon the rights of another. 

Usurpation, illegal possession. 

Uttering or publishing, to hold out or pretend that the 
thing offered is good and genuine, when it is not. 

Vagrant, an idle wanderer, a vagabond. 

Veto, from the Latin, meaning " I forbid." 

Violate, to infringe, injure, or break. 

Vested, belonging to, having by right. 

Void, having no legal or binding force. 

Volunteers, those who join the military or naval forces 
voluntarily, of their own free will. 

Ward, a minor, or person under the care of a guardian ; 
subdivision of a city. 

Warrant, an instrument authorizing an officer to seize an 



160 APPENDIX. 

offender and bring him to justice ; to secure an estate, grant- 
ed ; to assure. 

Will, testament ; the disposition of a man's estate. 

Willful, obstinate, perverse, not yielding to reason. 



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